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 ]
Limitations on Malicious Arrest
Limitations for filing actions based on malicious prosecution are found in MS Code Ann 15-1-35: All actions for assault, assault and battery, maiming, false imprisonment, malicious arrest, or menace, and all actions for slanderous words concerning the person or title, for failure to employ, and for libels, shall be commenced within one (1) year next after the cause of such...[ read more ]
Post-Conviction Relief Time Limitations
Time limitations for Post-Conviction relief are found in MS Code Ann 99-39-5(2): A motion for relief under this article shall be made within three (3) years after the time in which the petitioner's direct appeal is ruled upon by the Supreme Court of Mississippi or, in case no appeal is taken, within three (3) years after the time for taking...[ read more ]
Lawsuit by Debtor in Bankruptcy
It is generally accepted that the debtor may not waive the automatic stay. If the debtor affirmatively acts, such as by commencing litigation post-bankruptcy, the defendant is permitted to defend itself without running afoul of the automatic stay (although, in defining the parameters of a defense, many courts distinguish between mandatory counterclaims, which are allowed, and permissible counterclaims, which are...[ read more ]
