Representative Cases

Appealing Of A Personal Injury Case

HWCC-Tunica Inc. V. Jenkins, 907 So.2d 941 (Miss. 2005), involved personal injuries suffered in an accident. It is representative of slip-and-fall cases in which the victim must 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, the owner is automatically liable. But that is not the law. You must show an established negligence.

Ms. Jenkins fell at the Hollywood Casino and suffered 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 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.

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 reinforced 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 several years ago in which I contested the will of an elderly man. The case was tried by a jury in Pontotoc County, Mississippi. Two doctors and numerous other individuals testified, along with a prominent attorney from Tupelo who had prepared the will. The trial lasted a week and the jury returned a verdict finding that the man 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. Many local attorneys and political leaders in the county at the time thought there was no way I could win the case, but I did.)

Other Representative Cases

Over more than 40 years, I have handled 5,000 to 10,000 cases, including:

  • HWCC-Tunica, Inc. d/b/a Hollywood Casino v. Brenda Jenkins, 907 So.2d 941 (Miss.2005); slip-and-fall; $100,000 verdict
  • Robert L. Frazer v. Laverne P. Frazer, 505 So.2d 1192 (Miss.1987); divorce/alimony issue
  • Robert Black v. Peoples Bank and Trust Co., 437 So.2d 26 (Miss.1983); wrongful repossession case
  • Roy Garth v. Michael J. Astrue, 09-60916; Social Security appeal to the 5th Circuit Court of Appeals
  • Patricia A. Dulaney v. National Pizza Co., 733 So.2d 301 (Miss. App.1998); Workers' compensation/relative payment of medical bills
  • J. T. Hughes v. State of Mississippi, 420 So.2d 1060 (Miss.1982); aggravated assault.
  • In Re Estate of James Henry Mask, Deceased, Johnny Mask and Ricky Mask, Co-Executors v. Vera Elrod, Linda Trimble, Kathy Barnett, 703 So.2d 852 (Miss.1997); will contest; jury trial Pontotoc County, Mississippi
  • Jerry Lynn Young v. State of Mississippi, 420 So.2d 1055 (Miss.1982); bank robber case; Lee County, Mississippi
  • Wayne-Built & Son Inc. v. Alan Houpt, d/b/a Houpt Trucking, 797 So.2d 1046 (Miss. App. 2001); appeal of default judgment
  • Darnell Bumphis v. State of Mississippi, 405 So.2d 116 (Miss.1981); appeal bond when case on appeal to Supreme Court
  • Mois Lamb v. Tupelo Concrete Products Inc., 393 So.2d 948 (Miss.1981); collection case dealing with issue of venue
  • Rocky Pickering v. Cooper Tire and Rubber Co., 792 So.2d 298 (Miss. App.2001); Workers' compensation appeal
  • Astro Transport Inc. v. Zequiel Montez, 381 So.2d 601 (Miss.1980); truck accident
  • Marie J. Sarver v. Roy C. Sarver, 687 So.2d 749 (Miss.1997); divorce case dealing with property settlement
  • Patricia Anderson Wilhite v. State of Mississippi, 791 So.2d 231 (Miss. App.2000); murder case based on circumstantial evidence
  • Estate of Ladell Beckley v. John Beckley, 961 So.2d 712 (Miss. App.2006); case involving certificates of deposit in bank
  • William Martin Falkner and wife, Valerie J. Falkner v. John E. Stubbs, Jr. d/b/a Mississippi Polysteel, 2010-CA-01664; appeal case involving construction of house
  • State of Mississippi v. Bob Mullins; tried by jury in Itawamba County; defendant indicted for shooting his ex-wife; jury verdict of not guilty by reason of insanity but cured
  • William Iselin and Co. Inc. v. Delta Auction and Real Estate Co., et al., 433 So.2d 911 (Miss.1983); interpleader in collection case
  • Willie C. Chambers v. Edward Little and Dannie Little, 672 So.2d 1194 (Miss.1996); land line case
  • Jimmy Dale Taylor v. State of Mississippi, 511 So.2d 883 (Miss.1987); post-conviction relief case
  • Benjamin Douglas Lindsey and Lucky Star Industries Inc. v. Zequiel Montez et al., 382 So.2d 1085 (Miss.1980); major truck wreck
  • In re Estate of Birmingham, 2010-CA-02070-COA (MSCA); bank certificate of deposit
  • Smith v. City of Saltillo, 44 So.3d 438 (Miss. App. 2010); municipal liability for DUI tickets
  • Hicks v. Thomas, 516 So.2d 1344 (Miss. 1987); CA truck title
  • Sloan v. Taylor Machinery Co., 501 So.2d 409 (Miss. 1987); wrongful discharge
  • State v. Deborah Womack; plea bargain for conspiracy to commit murder
  • State v. Herd; probation/plea for sexual battery
  • State v. Lynn Lindsey (Pontotoc); jury trial for rape (sexual battery)
  • State v. Sherry Mahan (Pontotoc); death penalty murder plea bargain (30 years)
  • State v. Johnny Mac (Clay County); jury trial for murder
  • U.S. v. Smith; child pornography case in U.S. District Court North, verdict of acquittal
  • Presley v. Shipper Express; major truck wreck settlement
  • Naden v. Pepsi Cola; jury verdict for plaintiff

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 662-260-6646.