Expert witness testimony in Mississippi
The use of expert medical testimony is necessary to prove medical negligence. However some case law stands for the proposition that expert testimony is necessary unless “a layman can observe and understand the negligence as a matter of common sense and practical experience.” Gatlin v. Methodist Medical Center, 772 So. 2d 1023, 1026 (Miss. 2000); Coleman v. Rice, 706 So....[ read more ]
Aggravated Domestic Violence in Mississippi
§ 97-3-7. Simple assault; aggravated assault; simple domestic violence; aggravated domestic violence (4) A person is guilty of aggravated domestic violence who commits aggravated assault as described in subsection (2) of this section against a current or former spouse or a child of that person, a person living as a spouse or who formerly lived as a spouse with the defendant, other...[ read more ]
Non-adjudication of DUI in Mississippi
The Mississippi Code provides for the non-adjudication of first offense DUI as follows: (c) Nonadjudication may be initiated upon the filing of a petition for nonadjudication or at any stage of the proceedings before conviction in the discretion of the court; the court may withhold adjudication of guilt, defer sentencing, and enter an order imposing requirements on the offender. (i)...[ read more ]
Capital Murder in Mississippi
Capital murder is defined in Mississippi Code Ann 97-3-19 is defined as the killing of a human being without the authority of law by any means or in any manner shall be capital murder in the following cases: (a) Murder which is perpetrated by killing a peace officer or fireman while such officer or fireman is acting in his official...[ read more ]
Limited Surety Bail Bonding Companies in Mississippi
The minimum capital/surplus requirements for a surety company can be found in Miss. Code Ann. 83-19-31. The company must maintain the minimum at all times in order to continue to be licensed: Single Line - Capital $400K; Surplus $600K Multi Line - Capital $600K; Surplus $900K The entire statute reads as follows: Miss. Code Ann. 83-19-31 (1) No corporation so...[ read more ]
Collateral Source Rule in Mississippi
In Mississippi, a defendant tortfeasor (or wrongdoer) can not have damages reduced by reason of amounts that plaintiff receives from independent sources like insurance, workers’ compensation, or Medicaid. Walmart Stores, Inc. v. Frierson, 818 So. 2d 1135 (Miss. 2002); Brandon HMA, Inc. v. Bradshaw, 809 So. 2d 611 (Miss. 2001) (a medical malpractice case). This in known as the collateral...[ read more ]
Resisting Arrest in Mississippi
MS Code § 97-9-73 It shall be unlawful for any person to obstruct or resist by force, or violence, or threats, or in any other manner, his lawful arrest or the lawful arrest of another person by any state, local or federal law enforcement officer, and any person or persons so doing shall be guilty of a misdemeanor, and upon...[ read more ]
Prejudgment Interest in Mississippi
Miss. Code Ann. § 75-17-7 gives judges in Mississippi discretion to assess pre-judgment interest. The judge has discretion to establish the rate and when the date interest begins to accrue. However, the starting date cannot be earlier than the date of filing. The Supreme Court has held that no award of pre-judgment interest is allowed if the amount owed is unliquidated...[ read more ]
Governmental Immunity in Mississippi
Any claim for damages for the acts or omissions of a governmental entity or its employees must be brought pursuant to the Mississippi Tort Claim Act (“MTCA”). Miss. Code Ann. § 11-46-7; City of Jackson v. Sutton, 797 So. 2d 977 (Miss. 2001). Governmental entities are the state and its political subdivisions, including counties and municipalities. The term “employees,” as...[ read more ]
Caps on Damages in Mississippi
Damages in Mississippi have a cap of $500,000 on non-economic damages in medical malpractice cases. Miss. Code Ann. § 11-1-60. The Mississippi Supreme Court has yet to rule on the constitutionality of this statute. The effective date of the cap remains uncertain. Much of the 2002 tort reform act is applicable to actions filed on or after January 1, 2003,...[ read more ]
