Contribution in Mississippi civil action
Before the elimination of joint and several liability, joint tortfeasors or wrongdoers were afforded a right of contribution, with the amount of each tortfeasor’s liability in contribution determined by the tortfeasors’ relative degrees of fault. A right of contribution still exists for those whose liability is joint and several because they took part in a common plan to commit a...[ read more ]
Comparative Negligence in Mississippi
Mississippi is a pure comparative negligence state. A claimant’s contributory negligence does not bar recovery, but damages are reduced in proportion to the amount of negligence attributable to the claimant. Miss. Code Ann. § 11-7-15
Joint and Several Liability in Mississippi
In a joint and several liability Mississippi civil action action based on fault, including a medical malpractice action, each tortfeasor or wrongdoer is liable only for damages allocated to them in direct proportion to their percentage of fault. Miss. Code Ann. § 85-5-7 (Westlaw 2007). Fault must be assigned to absent tortfeasors who contributed to the injury (such as persons...[ read more ]
Written Notice of Medical Malpractice Claim
An action against a healthcare provider for professional negligence may not be instituted unless the plaintiff gives the defendant at least sixty (60) days written notice prior to filing suit. MISS. CODE ANN. § 15-1-36(15) (2012). The Mississippi Supreme Court requires strict compliance with this provision. Arceo v. Tolliver, 949 So. 2d 691, 695 (Miss. 2006). Dismissals for lack of...[ read more ]
Vicarious Liability in Mississippi
Hospitals are not typically liable for the negligent acts of independent contractor physicians in Mississippi. A hospital that holds itself out as providing a service, and where the patient engages the hospital's service without regard to the physician's identity, aligns the hospital for vicarious liability. A hospital held vicariously liable is entitled to indemnity from the negligent physician.
Armed Robbery in Mississippi
§ 97-3-79. Robbery; use of deadly weapon Every person who shall feloniously take or attempt to take from the person or from the presence the personal property of another and against his will by violence to his person or by putting such person in fear of immediate injury to his person by the exhibition of a deadly weapon shall be...[ read more ]
The use of confessions in Mississippi criminal trials
In criminal trials in Mississippi the prosecution may attempt to enter the alleged confession of a Defendant into evidence. However, the State has the burden of proving voluntariness of confession. The burden is met by testimony of officer or other person having knowledge of facts that confession was voluntarily made without any threats, coercion, or offer of reward. When objection is...[ read more ]
Ethical considerations when withdrawing as attorney in Mississippi
In some cases, an attorney may find that they cannot represent a client due to the client's illegal or unethical behavior. The attorney must exercise caution when withdrawing and follow the Mississippi Rules of Ethical Conduct. The Ethics Committee of the Mississippi State Bar has opined that Rule 1.16 of the code indicates that a lawyer may withdraw from representing a...[ read more ]
Arraignments for Criminal Charges in Mississippi
An arraignment is a procedural process wherein the court reads the criminal charge to the defendant and determines if bail will be set and the amount of bail. The defendant may waive a reading of the charges and enter a plea of not guilty. During the arraignment, the judge may review your charge to determine whether probable cause exist to sustain a...[ read more ]
Sentencing of Habitual Offenders in Mississippi
§ 99-19-81. Sentencing of habitual criminals to maximum term of imprisonment Every person convicted in this state of a felony who shall have been convicted twice previously of any felony or federal crime upon charges separately brought and arising out of separate incidents at different times and who shall have been sentenced to separate terms of one (1) year or...[ read more ]
