Appeal of a Personal Injury Case
The HWCC-Tunica, Inc. V. Jenkins, 907 So.2d 941 (Miss. 2005) case involved personal injuries sustained in an accident. It is representative of "slip-and-fall" cases in which it is necessary for the victim to show that the owner of the property was negligent in some fashion. Many folks have the misunderstanding that if you fall on someone else's premises, they are automatically liable. But that is not the law. You must show an established negligence.
Ms. Jenkins fell at the Hollywood Casino and sustained significant injuries. Her premises liability case was tried by a jury in Tunica County. The jury awarded Ms. Jenkins $100,000. But there was some confusion concerning the verdict and the casino appealed. Eventually the Supreme Court reversed a decision by the Court of Appeals and found that all parties had agreed that the jury should reconsider its verdict and, as a result, it was an error to attempt and then complain when the trial judge allowed the jury to reconsider its verdict.
When the case was finally over, Ms. Jenkins' recovery was closer to $140,000, including interest and penalties resulting from the appeal. This was a very successful outcome for an injured victim, although it took several years for the court system to finalize the case.
Appealing Repossession of a Car
Banks and insurance companies will quickly advertise how much they are concerned about you and how customer-friendly they are. However, when your circumstances or claims cost them money, you will quickly learn that these big companies quickly lose their concern for your claim and sometimes even forget about the loyal employees who have served them for years. They are in business to make money and you must never forget that.
The Black V. Peoples Bank and Trust Co. was one of my earliest victories against the banking industry. It deals with the Mississippi statute on repossession. If your vehicle is repossessed by a bank or other financial institution, you have the right to redeem your vehicle, or other collateral, as long as you pay the past due amount, plus interest, and have proof of insurance.
In this particular case, the bank had refused to do so. The case was tried by a jury in Lee County, Mississippi. The jury awarded my client $2,500, which was a good bit of money at the time the case was tried.
The local circuit judge, who is now a senior federal judge, reversed the verdict and made a statement to the effect that he thought the case was frivolous. I appealed it to the Supreme Court. I was most upset that a circuit judge would throw out the verdict of a jury. The Supreme Court agreed and reversed and rendered the case, basically stating that it was a question for the jury to decide and the jury ruled in favor of Black so the verdict was upheld against the bank.
I am a strong believer in the jury system and this case re-enforced the right to a jury trial and the decision of a jury.
Mississippi Probate Litigation and Appeal
In re Estate of Mask, 703 So.2d 852 (Miss. 1997). is a rather interesting case I handled a number of years ago in which I contested the will of an elderly man. The case was tried by a jury in Pontotoc County, Mississippi. Two separate doctors, along with numerous other individuals testified, and a prominent attorney from Tupelo who had prepared the will, also testified. The trial lasted a week and the jury returned a verdict finding that the gentleman was not mentally competent to write a will at the time he prepared and executed the document. The case was appealed to the Supreme Court and the jury's decision reversed. Initially the case was reversed and rendered, meaning there was to be no other trial. Then, after reconsideration by the full Supreme Court, a decision was made to send the case back for another trial. (On a side note, many of the local attorneys and political leaders of the county, at the time, thought that there was no way I could win the case and I did.)
Contact Tupelo Attorney Gene Barton
I care about your needs, and I will fight like a bulldog for your interests. When you need a knowledgeable lawyer on your side in court, contact my Tupelo law office online or call 662-276-0043.
