Kellum Law Explains Mississippi Personal Injury Law
Last month, we shared information about several basic types of personal injury claims. You may have experienced an injury that is not one of the injuries discussed in that article. Your injury could also possibly give rise to a personal injury claim if you were hurt by no fault of your own. The first thing you must do after an...[ read more ]
Workplace Struck-by Hazard Lawsuit Lawyer in Mississippi
An employee at an Illinois workplace died earlier this month after he was struck by part of a machine. The man was an employee whose work consisted of traveling to various locations to provide repair and maintenance services for generators that were manufactured by his employer. OSHA is investigating the fatal accident. Many types of workplaces contain struck-by hazards. Each...[ read more ]
Workers Have Legal Rights When Injured in Mississippi
Some workplaces are more dangerous than others are. In any workplace, there is a risk of injury or death. Workplace accidents can cause injuries ranging from cuts and broken bones to vision or hearing loss, loss of a limb, paralysis, and even death. Some workplace injuries, like respiratory difficulties or carpal tunnel syndrome, can happen after long term exposure or...[ read more ]
Drowsy Driving Accidents
A woman died after she was ejected from her vehicle in a recent rollover accident on I-20 near Bovina. An investigation into the wreck revealed that the woman might have fallen asleep at the wheel. She was also not wearing a seatbelt at the time of the early morning wreck. Approximately fifteen hundred people die, and thousands more are hurt...[ read more ]
Mississippi Sarcoidosis Lawsuits
When people hear the words “workers’ compensation,” they often think of people straining their backs lifting heavy objects, suffering from industrial burns, or developing carpal tunnel syndrome because of poor ergonomics. While all of those injuries are common in workplaces here in Mississippi, there is are also a large class of injuries that are not painful, have few or no...[ read more ]
Real Estate Broker Standard of Care
The standard of care of an agent has been described as " a duty to use the degree of diligence and care which a reasonably prudent person would ordinarily exercise in the transaction of his own business...." More specifically, " a business agent represents that he understands the usages of the business in which he is employed. One undertaking a...[ read more ]
Malicious Prosecution
In Mississippi, the elements of malicious prosecution are: (1) the institution of a criminal proceeding; (2) by, or at the insistence of the defendant; (3) the termination of such proceedings in the plaintiff's favor; (4) malice in instituting the proceedings; (5) want of probable cause for the proceedings; and (6) the suffering of injury or damage as a result of...[ read more ]
Malicious Prosecution–Elements
In Mississippi, the elements of malicious prosecution are: (1) the institution of a criminal proceeding; (2) by, or at the insistence of the defendant; (3) the termination of such proceedings in the plaintiff's favor; (4) malice in instituting the proceedings; (5) want of probable cause for the proceedings; and (6) the suffering of injury or damage as a result of...[ read more ]
Requirements to Sentence a Defendant as a Habitual Offender
To sentence a defendant as a habitual offender, “[a]ll that is required is that the accused be properly indicted as an habitual offender, that the prosecution prove the prior offenses by competent evidence, and that the defendant be given a reasonable opportunity to challenge the prosecutor's proof.” Keys v. State, 549 So.2d 949, 951 (Miss.1989)
“As is” Clauses in Real Estate Contracts
In Mississippi, controlling case law provides that a mutually agreed upon as-is clause in real estate contracts exempts sellers from liability pertaining to the condition of the property. Moreover, the disclosure form is not a warranty. Although that form did not initially mention that the house had been moved, this fact was disclosed at closing and the buyers were given...[ read more ]
