SHANE
WHITFIELD – Reversal by the Mississippi Workers'
Compensation Commission of an Administrative Judge's Order
approving surgery. Full Commission found the medical evidence
did not support the treating physician's recommendation for
surgery and the opinion of the Employer and Carrier's physician
was more persuasive.
WYATT
HAZARD and JOHN
WAITS – Motion
to Dismiss granted in a medical device case; Harrison County
Circuit Court.
TREY
ARNOLD – Summary
Judgment affirmed on appeal in case alleging slander and intentional
infliction of emotional distress; Hinds County Circuit Court.
MICHAEL DICKINSON – Summary
Judgment in favor of Defendants and Dismissal with prejudice
obtained in two cases involving allegations of negligence, gross
negligence, medical malpractice, fraud, and breach of fiduciary
duty against a nursing home and it's licensees and administrators.
ROY
SMITH and TARA
CLIFFORD – Obtained a Summary Judgment in a products
liability case; Rankin County Circuit Court.
NICKY
BRUMBELOE – Summary Judgment Granted in case alleging
lender liability; Jackson County Circuit Court.
ROY
SMITH and GARNER
BERRY – Motion for Summary Judgment granted in a
premises liability case; Jasper County Circuit Court
ROY
SMITH – Judgment of Dismissal With Prejudice granted
at trial of an insurance agent; Lamar County Circuit Court
JOHN
S. GONZALEZ – Affirmance from the Mississippi Workers'
Compensation Commission sustaining Administrative Judge Order
awarding only seven months of temporary disability benefits
for aggravation of pre-existing back condition and denying
claimant's claim against Casino employer for permanent and
total disability and claim that the employer was responsible
for cost of back fusion and related medical expenses
TREY
BYARS and BROOKE
NEWMAN – Motion for Summary Judgment granted in a
wrongful death case on behalf of property owner who owned a
building in which an independent contractor was killed after
falling through a sky-light; United States District Court for
the Northern District of Mississippi
TERRY
LITTLE – Motion to Dismiss granted in favor of a
municipality against an insurance company; Pontotoc County
Circuit Court
GEORGE
ABDO – Motion to Dismiss granted dismissing case
in a matter involving corporal punishment filed as a § 1983
claim; United States District Court for the Northern District
of Mississippi
MITCHELL
DRISKELL – Motion for Summary Judgment granted in
a case alleging bad faith breach of an automobile sales contract;
Lee County Chancery Court
MITCHELL
DRISKELL – Motion for Summary Judgment granted in
a breach of contract, breach of warranty and fraud case against
a car dealership arising out of the sale of a used car. Lee
County Chancery
TREY
BYARS and CHRISTINE
TATUM – Motion for Summary Judgment granted in favor
of a school district in a Title IX action; United States District
Court for the Northern District of Mississippi
TREY
BYARS and BROOKE
NEWMAN – Motion for Summary Judgment granted on behalf
of school district in a wrongful death case involving an automobile/pedestrian
accident; Tate County Circuit Court
TIM PEEPLES – Motion
for Summary Judgment granted on behalf of insurer in uninsured motorist insurance
case
GEORGE ABDO AND BRANDI
SMITH – Motion for summary judgment
granted in defamation case; Wayne County Circuit Court
ED TAYLOR – Directed verdict in a bad faith case affirmed;
Mississippi Court of Appeals
JOHN GONZALEZ – Affirmance from the Mississippi Workers' Compensation
Commission of an administrative judge's ruling that a
group self-insured casino was not responsible to claimant for
indemnity or medical benefits
TREY BYARS AND TIM
PEEPLES – Motion for summary judgment
affirmed on appeal in case involving a personal injury that
occurred at a farming operation; Mississippi Supreme Court
VICKI RUNDLETT – Summary Judgment obtained in Mississippi
Tort Claims Act case; Montgomery County Circuit Court
SILAS MCCHAREN AND BRANDI
SMITH – Summary judgment granted
in a state law based tort action arising out of Longshore and
Harbor Workers' Compensation Act; Jackson County Circuit
Court
ROBERT STACY AND TIM
PEEPLES – Motion to dismiss or,
in the Alternative, motion for summary judgment granted on
behalf of insurance company sued for storage/towing fees following
a motor vehicle accident caused by company's insured;
County Court of Lowndes County
TREY
BYARS – Jury verdict affirmed
in case involving automobile accident in which the Plaintiff
had asked the jury for $4,000,000 but jury returned verdict
of $8,400; Mississippi Court of Appeals
MICHAEL DICKINSON – Summary judgment entered in favor
of Defendant in premises liability matter; United States District
Court for the Southern District of Mississippi
MIKE ELLINBURG AND BRENDA
BETHANY – Successful prosecution
of arbitration against three subcontractors on behalf of a
general contractor for contractual indemnity; American Arbitration
Association
GEORGE ABDO AND BRANDI
SMITH – Summary Judgment entered
in a Mississippi Tort Claims Act case against a county school
system and school officials; Lauderdale County Circuit Court
TIM PEEPLES – Summary judgment obtained in a lawsuit
for uninsured motorist benefits; Bolivar County Circuit Court
JOHN CLARK AND BRANDI
SMITH – Summary judgment obtained
dismissing attorney malpractice action; Kemper County Circuit
Court
GEORGE ABDO – Motion for summary judgment granted in
a wrongful death case against an electric company sued for
its construction of a new power line; Amite County Circuit
Court
JOHN CLARK AND BRANDI
SMITH – Jury verdict in favor
of client in action involving Federal Wire Act and Mississippi
torts of conversion and abuse of process; United States Court
of Appeals for the Fifth Circuit
DAVID KRAUSE – Summary
judgment granted in a bad faith breach of contract claim;
Hancock County Circuit Court
TERRY LITTLE – Motion for summary
judgment granted in premises liability case; Circuit Court
of Noxubee County
GERALD KUCIA – Motion for summary
judgment granted in case in which the Plaintiff was injured
while using a tractor at an agricultural facility; Madison
County Circuit Court
ROBERT STACY AND TERRY
LITTLE – Defense
verdict upheld in jury trial by Mississippi Court of Appeals
in premise liability case; Lee County Circuit Court
GEORGE ABDO AND TOM
JULIAN – Motion
for summary judgment granted in personal injury case arising
from accident in construction zone on Interstate 55; Madison
County Circuit Court
ROBERT ADDISON AND JOHN
WAITS – Motion to dismiss Complaint
for failure to comply with the sixty day notice requirement
upheld by the Mississippi Supreme Court in a medical malpractice
case
GERALD KUCIA – Motion for summary
judgment granted in a case involving a multiple vehicle automobile
accident; Copiah County Circuit Court
GEORGE ABDO AND BRANDI
SMITH – Summary
Judgment granted in a defamation case; Wayne County Circuit
Court
JIM WEEMS AND TARA
CLIFFORD – Summary
Judgment obtained in premises liability case involving a
shooting at a hotel; Hinds County Circuit Court
TREY BRYARS AND SHEA
SCOTT – Motion
for Summary Judgment granted in a Section 1983 case where
plaintiff was a bail bondsman who alleged that county violated
his rights to due process and free speech; United States
District Court for the Northern District of Mississippi
ED TAYLOR – Summary judgment
granted in a case against a defendant who owned a local mall
parking lot where a plaintiff was assaulted by a third-party;
Jackson County Circuit Court
STEVE HAZARD – Defense verdict
after one week trial defending corporate client whose driver
had been involved in automobile accident; Jasper County Circuit
Court
ED TAYLOR – Obtained summary judgment in a case involving
a claim by the plaintiff that she was assaulted at the defendant's
residence by the defendant's estranged boyfriend; Harrison
County Circuit Court
TERRY
LITTLE – Defense
verdict obtained after a three day jury trial in case arising
out of a 14th Amendment Due Process claim against a school
district; United States District Court, Northern District
of Mississippi
ED TAYLOR – In a case of first impression, declaratory
judgment obtained on behalf of an insurance carrier who had
provided homeowner's coverage to the defendant who had
been sued for "alienation of affection," i.e.,
interfering with the plaintiff's marital relationship
with his wife in which the court found that as a matter of
law that an insurance carrier that issued a homeowner's
policy in Mississippi had no duty to defend or indemnify alienation
of affection claims; Harrison County Circuit Court
MICHAEL
DICKINSON – Motion for
summary judgment granted in property damage case arising from
automobile accident; George County Circuit Court
ROBERT ADDISON and JASON
STRONG – Successful
appeal from the Circuit Court of Hinds County in a case involving
complex issues regarding venue; Mississippi Supreme Court
JOHN GONZALEZ – Favorable ruling in
an appeal brought by a claimant who was denied benefits by
the administrative judge; Mississippi Workers' Compensation
Commission
JIM WEEMS – Motion for summary
judgment granted in a wrongful death case brought against
a concrete distributor; Hinds County Circuit Court
GARNER BERRY – Motion for summary
judgment granted in premises liability case brought under
the Mississippi Tort Claims Act; Smith County Circuit Court
JOHN CLARK AND BRANDI
SMITH – Motion to
dismiss appeal granted; United States Court of Appeals for
the Fifth Circuit
ROY SMITH AND JIM
WEEMS – Summary
judgment upheld by Mississippi Court of Appeals in premises
liability case; Hinds County Circuit Court
JOHN CLARK AND BRANDI
SMITH – Post-trial
motions denied in case in which Mr. Clark and Ms. Smith obtained
defense verdict; United States District Court for the Southern
District of Mississippi
DAVID KRAUSE – Defense verdict
obtained after two-day jury trial in case arising out of
an automobile accident; County Court of Harrison County
TREY BYARS AND TERRY
LITTLE – Summary
judgment affirmed by Mississippi Court of Appeals in wrongful
death case filed against a municipality; Circuit Court of
Leflore County
STEVE HAZARD AND VICTORIA
RUNDLETT – Motion
successfully opposed for rehearing in a wrongful death
case in which Mr. Hazard and Ms. Rundlett prevailed
on initial appeal; Mississippi Court of Appeals
JOHN CLARK AND TOM
JULIAN – Summary
judgment granted on behalf of Maryland Casualty Insurance
Company in a declaratory judgment action involving intentional
acts exclusion and related coverage exclusions in a CGL policy;
United States District Court for the Southern District of
Mississippi, Eastern Division
GERALD KUCIA – Defense verdict
in a premises liability case upheld; County Court of Madison
County
JOHN
CLARK & BRANDI
SMITH – Defense
verdict obtained in a 9-day jury trial for a legal malpractice
claim; United States District Court for the Southern District
of Mississippi
KEITH PEARSON & SHEA
SCOTT – Defense verdict obtained in a 7-day jury trial for
a product liability claim; United States District Court for
the Northern District of Mississippi
BRENDA LONG – Motion to dismiss
granted in an underinsured motorist claim; Hancock County
JACK ABLES – Obtained a stipulated
judgment of dismissal with prejudice in waste water treatment
plant design/product liability case; Choctaw Tribal Court
CAROLYN SATCHER AND GERALD
KUCIA – Summary
judgment granted in a wrongful death claim based on direct
negligence claim against an employer for negligence of its
employee; Copiah County
BRENDA LONG – Recovered attorney's
fees and costs for client after successfully litigating a
coverage issue; Harrison County
CAROLYN SATCHER – Summary judgment
granted in wrongful death claim in trucking/transportation
case; Winston County
GARNER BERRY – Summary
judgment granted on punitive damages claim in a trucking
transportation case; United States District Court for the
Southern District of Mississippi
GARNER BERRY – Defense verdict
obtained in a trucking/transportation case; Hinds County
JACK
ABLES – Motion to dismiss granted in a mass tort action
involving a combination of multiple claims; Oktibbeha County
SILAS MCCHAREN – Summary judgment granted in an easement damage claim filed
by various landowners; United States District Court for the Southern District
of Mississippi
GERALD
KUCIA – Summary judgment granted in premises liability case;
Jackson County
JIM
WEEMS – Summary judgment granted in food poisoning case against
national fast food chain; Hinds County
ROY SMITH & TARA
CLIFFORD – Defense verdict obtained in jury trial on
slander accusations affirmed by Mississippi Court of Appeals; Warren County
SILAS MCCHAREN – Motion to strike granted
by 5th Circuit dismissing the
plaintiff's appeal; United States District Court for the Southern
District
of Mississippi
JACK ABLES – Motion to dismiss a third party
demand for indemnification
granted in a product liability case; Panola County
MICHAEL ELLINGBURG – Declaratory
judgment on policy coverage issue obtained after appeal in
federal court; 5th Circuit Court of Appeals; appealed from
Southern District of Mississippi
BIENVILLE SKIPPER – On case of first
impression, Mississippi Supreme Court sided with the defense
in ruling that the "made
whole" doctrine does not apply to workers' compensation
carrier's statutory subrogation lien; Mississippi Supreme
Court; appealed from Smith County
MITCHELL DRISKELL – Defense verdict
obtained in bench trial on Tort Claims Act cause of action
against the city; Pontotoc County
TREY BYARS & AMANDA
URBANEK – Directed
verdict upheld in malicious prosecution and defamation case;
Mississippi Court of Appeals; appealed from Tunica County
STEVE HAZARD & VICKY
RUNDLETT – Summary
judgment granted and affirmed in wrongful death case under
the Mississippi Tort Claims Act; affirmed by Mississippi
Court of Appeals; granted by Rankin County Circuit Court
ROBERT ADDISON & JOHN
WAITS – Summary
judgment granted and affirmed in medical malpractice claim;
affirmed by Mississippi Court of Appeals; granted by Hinds
County Circuit Court
ROBERT ADDISON & JOHN
WAITS – Summary
judgment granted and affirmed in product liability action;
affirmed by Mississippi Court of Appeals; granted by Hinds
County Circuit Court
DAVID KRAUSE – In damages only trial, defense obtained
verdict that was a 70 percent reduction from plaintiff's
demand; Hancock County
GEORGE ABDO – Defense verdict
in jury trial of a slip and fall case in Federal Court; United
States District Court for Southern District of Mississippi
GEORGE ABDO – Defense verdict
in bench trial of property damage and trespass case against
insured; Sunflower County
SILAS MCCHAREN – Motion to dismiss granted in "bad
faith" action against insurer; Jackson County
SILAS MCCHAREN – Motion to dismiss
granted in age discrimination case; United States District
Court for Southern District of Mississippi
SILAS MCCHAREN – Summary judgment
granted in employment discrimination case; United State District
Court for Southern District of Mississippi
TREY BYARS & TIMOTHY
PEEPLES – Obtained dismissal
of plaintiff's federal lawsuit after oral argument based
on res judicata in front of 5th Circuit Court of Appeals; United
States District Court of Northern District of Mississippi
GEORGE READ – After full hearing on the merits, the
judge denied the workers' compensation claim based on
no compensable injury; Monroe County
GEORGE READ – Denial of permanent benefits filed by
claimant was affirmed by Workers' Compensation Commission
after appeal
GERALD KUCIA – Defense verdict
obtained in jury trial for personal injuries and premise
liability case; Madison County
GERALD KUCIA – Summary judgment
granted in product liability case involving an elevator;
Warren County
GERALD KUCIA – Motion to dismiss
granted in malpractice claim against doctor; United States
District Court for the Southern District of Mississippi
ROBERT
STACY – Defense
verdict in jury trial with two defendants in premises liability
action involving an assault; Marshall County
TREY
BYARS – Directed
verdict granted in favor of defense; Bolivar County
ROBERT STACY & TIMOTHY
PEEPLES – Defense
verdict obtained in jury trial of a premises liability case;
Marshall County
ROBERT STACY & TIMOTHY
PEEPLES – Defense
verdict obtained in case involving wrongful death and policy
coverage issues; Lee County
MIKE DICKINSON – Dismissal
obtained of a premises liability claim; Harrison County
ANDY SEGREST – Personal
injury and property damage claim dismissed by judge; Warren
County
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