Mississippi Accident Lawyer Blog

If a set of facts are enough to justify a jury in a criminal case (with proof required "beyond a reasonable doubt") to convict someone for culpable manslaughter, then those same set of facts are enough to justify a jury in a civil case (with a lesser burden of proof) to consider the issue of gross negligence. Gross negligence requires less proof than culpable negligence and reckless driving. Turner. 735 So.2d 226 (Miss. 1999).
Section 97-3-47 of Miss. Code of 1972 states as follows:

"Every other killing of a human being, by the act, procurement, or culpable negligence of another, and without authority of law, not provided for in this title, shall be manslaughter."
Culpable negligence means negligence of a higher degree than gross negligence in a civil case. If a defendant is guilty of culpable negligence in a criminal case, then that defendant will also be guilty of gross negligence in the civil courts. Culpable negligence is "the conscious or reckless disregard of the probabilities of fatal consequences to others as a result of the willful creation of an unreasonable risk." Evans v. State, 562 So.2d 91 (Miss. 1990). Culpable negligence is also defined as "negligence of a degree that is so gross as to be tantamount to a wanton disregard, or utter indifference to, the safety of human life." Clayton v. State. 652 So.2d 720 (Miss. 1995).
Moore v. State. 117 So.2d469 (Miss. 1960) (defendant's conviction for culpable negligence was affirmed for going 55 miles per hour in a 30 miles per hour zone). In Moore, the victim was crossing the street. The court held that the defendant could have seen the deceased and should have seen the deceased in time to apply his brakes; that he skidded 140 feet, hit a telephone pole and lost control of his vehicle; that the physical facts and the greater weight of the evidence contradicted the defendant's testimony. The Supreme Court defined "culpable negligence" as follows: "Negligence of a higher degree than that which in civil cases is held to be gross negligence." In other words, in order to sustain the jury deciding the issue of punitive damages as a result of gross negligence in a civil case, all one needs to do is prove more than simple negligence but less than culpable negligence.
Shows v. State, 168 So. 862 (Miss. 1936) (defendant convicted of culpable negligence for sideswiping another truck who was going over the speed limit and crossed over the center line -reversed because of improper jury instruction). The defendant was driving a big truck and after the impact he concluded that no damage had been done and proceeded on to his destination in Hattiesburg where he was arrested.
Goldman v. State, 406 So.2d 816 (Miss. 1981) (conviction for culpable negligence affirmed for defendant who was going 60 miles per hour, crossed over the double yellow line in a no passing zone, and hit somebody head-on coming from the opposite direction).
Section 63-3-1201 of Miss. Code of 1972 states as follows:

"Any person who drives any vehicle in such a manner as to indicate either a willful or a wanton disregard for the safety or persons or property is guilty of reckless driving. Reckless driving shall be considered a greater offense than careless driving."

In the case of Turner v. City of Ruleville. 735 So.2d 226 (Miss. 1999), the
Mississippi Supreme Court reversed the dismissal of a complaint against the city for the actions of its police officer in allowing a drunk driver to continue driving after being stopped after the officer noticed that the defendant was driving in an erratic fashion and failed to have his headlights on. In reversing the case and allowing the jury to decide whether or not the city was liable for punitive damages, the Supreme Court held as follows citing Barnes v. State. 162 So.2d 865, 866 (Miss.
1964):The court held that for the purpose of the reckless driving statute, 'reckless means 'the commission of conscious acts or omissions which a driver knows or should know create an unreasonable risk of injury or damage...'." The Court also stated: "For conduct to be 'reckless' it must be such as to evince disregard of, or indifference to, consequences, or the circumstances involving danger to life or safety to others, although no harm was intended'." The Court defined "reckless disregard of rights of others" as follows: "...as used in automobile law, means the voluntary doing by motorists of an improper or wrongful act, or with knowledge of existing conditions, a voluntary refraining from doing a proper or prudent act when such act or failure to act evinces an entire abandonment of any care, and heedless indifference to results which may follow and the reckless taking of a chance of an accident happening without intent that any occur." Id. at 229.
The Mississippi Supreme Court held as follows, citing Dame v. Estes, 101 So.2d 644,645 (Miss. 1958), which defined gross negligence as: "Gross negligence is that course of conduct which disclosed a reckless indifference to consequences without the exertion of any substantial effort to avoid them."
The defendants argued that intent was required in order to make the city liable. The Court held: "While we agree that reckless disregard would encompass gross negligence, we hold that reckless disregard is a higher standard than gross negligence." Id. at 229-30. In refusing to require that the plaintiff prove that the defendant intended to do harm, the Supreme Court quoted Evans v. Trader. 614 So.2d 955, 958 (Miss. 1993), which held that in order to defeat an immunity defense under the common law, the plaintiff would not have to show that the officer entertained a specific intent. It would suffice to show that the officer acted with wanton and reckless disregard for the plaintiffs safety.
The Mississippi Supreme Court has held that "punitive damages are ordinarily recoverable where the negligence is so gross as to indicate reckless or wanton disregard for the safety of others." City of Jackson v. Perry,764 So 2d 373 (MS 2000) (57 mph in 35 mph zone knocking vehicle 75 feet; punitive damages affirmed), Also see Maye v. Pearl River County. 758 So.2d 391, 395 (MS 1999) (backing sheriffs car out of parking space up an incline; punitive damages affirmed).

Punitive damages may be recovered, not only for willful and intentional wrong, but for such gross and reckless negligence as is equivalent to such wrong, since an act done in the spirit of wantonness and recklessness is often times just as harmful as if prompted by malice. Bush v. Watkins. 80 So.2d 19 (Miss. 1955). The definition of gross negligence is found in Teche Lines. Inc. v. Pope, 166 So. 539 (Miss. 1936), which held that there is no precise definition of gross negligence, but it might be defined as that course of conduct which, under the particular circumstances, disclosed a reckless indifference to consequences without the exertion of any substantial effort to avoid them. Also see Reid v. Halpin, 178 So. 88 (Miss. 1938); Planters Wholesale Grocery v. Kincaid. 50 So.2d 578 (Miss. 195n: Belk v. Rosemond. 57 So.2d461 (Miss. 1952); and Dame v. Estes, 101 So.2d644 (Miss. 1958).
Under the doctrine of respondeat superior, the master is liable for the acts of his servants which are done in the course of their employment and in the furtherance of the master's business; punitive damages may be awarded against a master for the negligent acts of his servant. Sandifer Oil Co. v. Dew, 71 So.2d 752 (Miss. 1954). Employer held liable for willful and wanton acts resulting in injury to boy whom driver of truck had invited to ride thereon. Trico Coffee Co. v. Clemens. 151 So. 175 (Miss. 1933).
The most important case on the issue is U.S. Industries. Inc. v. McClure Furniture Co.. 371 So.2d 391 (Miss. 1979). In U.S. Industries, the Mississippi Supreme Court held as follows: "We have to keep in mind that the basic theory is whether or not there was sufficient evidence for the jury to award punitive damages even though the evidence might be conflicting. It is not the court's prerogative to make the award. It is only for the court to decide whether or not the party requesting a punitive damage instruction has presented sufficient evidence for the jury's consideration. Yazoo & Mississippi Valley R.R. Co. v. Hardie. 55 So.42 (Miss. 1911); Snowden v. Osborne. 269 So.2d 858 (Miss. 1972)." Id. at 393.
In affirming the award of punitive damages, the Mississippi Supreme Court held as follows:"The evidence was uncontradicted that Mississippi Highway 550 is a well-traveled road, that the tractor-trailer completely blocked both lanes of traffic and that this occurred prior to sunrise which was at 6:50 on the morning of the accident, and that visibility was at best limited. Prudence would have required Jones to have moved his rig on to the shoulder of the road either to await full daylight or to place the necessary flares, or to have continued in his own lane until he found an appropriate intersection for completing the maneuver. Instead, Jones risked the possibility of collision against the possibility of completing the dangerous turn within the few moments when the road appeared to be clear of traffic. He exercised bad judgment under the circumstances." (emphasis added)Id. at 393-94.
The U.S. Industries court also cited the Fifth Circuit Mississippi case of Anderson v. Eagle Motor Lines, Inc., 423 F.2d 81 (5th Cir. 1970) for allowing the punitive damage instruction to go to the jury. The Fifth Circuit affirmed the award of punitive damages and held that the blocking of the highway was gross negligence entitling the plaintiff to a punitive damage instruction.
Also see Commodore Corp. v. Bailey. 393 So.2d 467 (Miss. 1981), whereby the Mississippi Supreme Court in affirming the punitive damage instruction held as follows:
"If the evidence presented by the party requesting a punitive damage instruction is such that the jury could find that the wrongful acts complained of resulted from such gross disregard of the rights of the complaining party as amounts to wilfulness on the part of the wrongdoer, or that the opposite party was guilty of such negligence as to amount to a reckless disregard of the complaining party's rights, then the court is fully authorized to submit the issue of punitive damages for the jury's deliberation. Fowler Butane Gas Co. v. Varner, 141 So.2d 226 (Miss. 1962)."Id. at 471.

See Paracelsus Healthcare Corp. v. Willard, 754 So.2d 437 (Miss. 1999), whereby the Supreme Court previously remanded two cases for consideration of punitive damages and then affirmed the jury awards of 1.5 million dollars to each plaintiff for punitive damages and held that the evidence supported the finding that the jury could find the actions to be in gross disregard for the rights of the plaintiffs.
Punitive damages are defined as damages given in enhancement of ordinary damages on account of the wanton, reckless, malicious, or oppressive character of the acts complained of. Interstate Oil Pipeline Co. v. Valentine. 110 So.2d 369 (Miss. 1959).
In Sandifer Oil Co. v. Dew. 71 So.2d 752,758 (Miss. 1954), the Mississippi Supreme Court affirmed the lower court decision allowing the jury to consider punitive damages for a truck driver who left his truck pumping gasoline into a storage tank and went across the street to a restaurant and drank a cup of coffee. When someone alerted the truck driver that the gas was overflowing, the truck driver turned off the switch and stopped the motor and the pump. A few minutes later there was an explosion. In affirming the punitive damages award, the Supreme Court held that: "It was difficult to conceive of a case of more reckless and wanton disregard of the consequences of his act. His negligence was gross, it was reckless, and it was wanton to such extent as to be tantamount to wilfulness...those who handle such dangerous agencies should be made to know the standard of care which is required of them. It is regrettable that such a tragic occurrence is necessary to again bring such knowledge to those engaged in such business." Id. at 758-759. "It is interesting to note and we concur in opinion that the ($90,000) ninety thousand dollar verdict in 1954 was the highest verdict in the country for the death of a child at that time."
Dame v. Estes. 101 So.2d 644 (Miss. 1958) (question of whether plaintiff was entitled to recover punitive damages should have been submitted to the jury when the defendant failed to stop at a stop sign.) In Dame, the Supreme Court reversed the lower court's decision in refusing to allow the jury to consider punitive damages and held that the facts justified a punitive damages instruction and reversed for a new trial on damages only. The facts of the case were that the witnesses estimated the speed of the defendant to be 50 miles per hour. The defendant said she was going 30-35 miles per hour. The speed limit was 30 miles per hour. The Mississippi Supreme Court held that the defendant either ignored or failed to see the stop sign which was staring her in the face and made no effort to stop at the intersection or to even check the speed of the vehicle she was behind. It was in broad open daylight, there was nothing to obstruct her vision and she wholly failed to see the plaintiff s pickup truck until it was directly in front of her. We think under this case that the question of whether plaintiff was entitled to recover punitive damages should have been submitted to the jury. The Court cited Hadad v. Lockeby. 169 So. 691 (Miss. 1936) for the definition of punitive damages as follows: "Punitive damages may be recovered not only for a willful and intentional wrong, but for such gross and reckless neglect as is equivalent to such a wrong, since an act done in the spirit of wantonness and recklessness is oftentimes just as harmful as if prompted by malice." The Court also cited Teche Lines. Inc. v. Pope. 166 So. 539 (Miss. 1936), for the definition of gross negligence: "Gross negligence is that course of conduct which, under the particular circumstances, discloses a reckless indifference to consequences without the exertion of any substantial effort to avoid them." The Court then cited Wilson v. State. 161 So. 744 (Miss. 1930), wherein the Supreme Court affirmed a manslaughter conviction, for culpable negligence, upon facts in which the negligence is no more culpable than in the case now before us. Id at 645.
Also see, Teche Lines. Inc. v. Pope. 166 So. 539 (Miss. 1936) (bus driver who failed to attempt to stop his bus until 10 feet from railroad crossing, held grossly negligent).The facts in this case are that the bus driver was driving his bus which was 30 feet long, weighed 10 tons, and had a 39 passenger seating capacity; the bus driver was traveling 25 miles per hour and approached the railroad crossing. The bus driver failed to stop until he was about 10 feet from the crossing, resulting in a disastrous collision and serious and permanent injuries to plaintiff who was a passenger on the bus.
Hadad v. Lockeby, 169 So. 691 (Miss. 1936) (award of punitive damages is affirmed for defendant driving 35-40 miles per hour in a 20 miles per hour speed zone without sounding his horn or giving any warning of his approach; he saw some pedestrians and struck them anyway). The defendant had three eyewitnesses who testified that the defendant sounded his horn and slowed his speed. The Mississippi Supreme Court held that the defendant was driving his car at an excessive rate of speed, that he saw the plaintiff crossing the road and failed to slow his speed or sound his horn or give any warning until the accident. These facts if true constitute gross negligence on the part of the defendant. It is interesting to note the words of wisdom offered by the Hadad Supreme Court: "These machines upon the highways are extremely dangerous to others using the highways. The lives and limbs of persons should be safeguarded, and something should be done to reduce accidents to a minimum." Id. at 694.
Southland Broadcasting Co. v. Tracy, 50 So.2d 572 (Miss. 1951) (jury authorized in finding that driver's negligence was so wanton and reckless as to justify the infliction of punitive damages for speeding, failing to negotiate a turn, leaving the highway, and traveling approximately 720 feet after leaving the highway.)
Collins v. Black. 380 So.2d 241 (Miss. 1980) (Supreme Court reinstated jury verdict for punitive damages against defendant who was driving at an unreasonable rate of speed, on the wrong side of the road, and failed to stop after the collision.) The conduct of a driver of a vehicle in failing to stop after the accident when taken in connection with all the circumstances may authorize a finding of a lack of care, conscious indifference to the consequences, and aggravating circumstances authorizing the recovery of punitive damages.
So if you have a question about your 18 wheeler or other accident case which may justify punitive damages, give me a call or email me. 601-969-1977 paulsnowiii@msn.com

I have just updated my home page to include jury instructions for all aspects of a plaintiff's trial practice. If you have any interest in using any of these instructions, fell free to download and/or copy. They are located under "referring attorney resources". If it doesn't open,you may need to try a different browser.

Call me if you have any questions about your particular case.

A drunk driver killed a mississippi man in south carolina around june 18th, 2012 on I-20 Westbound. Lacie Doolittle was driving a 2000 Honda which ran off the right side of the highway and struck Gary Daigle, a 59 year old man from mississippi who was working on his disabled truck. Mr. Daigle was taken to the local hospital, Georgia Health Sciences Medical Center, where he passed away soon thereafter. Criminal charges will be filed against the drunk driver for felony DUI.

The family of Mr. Daigle can make a claim against the drunk driver;also, they may be able to make a claim against the bar or store who sold the alcohol to the drunk driver. Finally, they may be able to make a uninsured motorist claim and med pay claim.

The statute of limitations for filing a death claim may limit your claim.Please call us right away to discuss your case FREE of charge. We handle accident and death cases on a contingency fee basis which means that you only pay for our services if we obtain a recovery for you. You should consult an experienced accident injury lawyer. To schedule your FREE consultation with Paul Snow, call 601-969-1977 or contact us online.

An accident claimed the lives of two people when a Dodge Intrepid driven by William McKinney failed to yield the right of way to oncoming traffic on Hwy. 30 bypass. McKinney pulled out from County Road 5031 and caused a collision with a GMC Sierra driven by Justin Moore of Booneville, MS. After impact, both vehicles went across the centerline into the wrong lane of traffic and then four motorcycles collided with the two other vehicles. Mr McKinney and Mr. Harmon Laster died as a result of the crash from blunt force trauma. Wanda Laster and Bobby Rooker were airlifted to North Mississippi Medical Center in Tupelo in critical condition.Robert Parker and Teresa Parker both of Memphis, TN were taken to Tupelo by ambulance in severe condition. Justin Moore was taken to Baptist Memorial Hospital in Booneville.

WHO CAN MAKE A CLAIM AGAINST WHOM AND WHY?
Anyone hurt or killed in this accident may make a claim against Mr. McKinney's insurance company as it appears that he was the one that caused the wreck with all vehicles. IF there is limited insurance coverage, then each person could make a claim against their own insurance company for underinsured motorist coverage and med pay coverage. For example, if one of the motorcycle drivers who was hurt in the wreck did not collect any money from Mr. McKinney's insurance company because it was paid out to others in the accident ( first come, first served), then that person could make a claim against their own insurance company even though they didn't have any insurance on their motorcycle;but, they would have to have some type of auto insurance in order to make a claim.

Sometimes, these multiple accidents get complicated. That is why if you have any questions about your case, you should talk with Paul Snow, an experienced trial attorney, as soon as possible. We represent clients all over Mississippi including: Booneville, Tupelo, Jackson, Gulfport, Biloxi Hattiesburg, Greenville, Greenwood, Meridian, Southaven, Vicksburg, and Pascagoula. This is especially true if the adjuster tells you that you can not make a claim or they are not going to pay you for you claim. Call now for your FREE confidential consultation at 601-969-1977 or contact us online.

30 year old twins stopped their jogging routine in order to help someone move their Dodge Avenger out of Highway 80 in Jackson, MS, when they were struck from behind by an employee of Shelter insurance company driving a Ford Escape SUV. The accident killed Kyeuna Vance and severely injured Shyeuna Vance who remains in critical condition at University Medical Center. Shyeuna's right leg had to be amputated and she sustained other severe injuries;she served in the military. Kyeuna Vance was a registered nurse and worked at Mississippi HomeCare of Jackson.

WHO CAN MAKE A CLAIM AGAINST WHOM AND WHY?
The family of Ms. Vance who was killed in this accident can make a claim against the insurance company as a result of their driver's negligence. According to an eye witness, the driver was not paying attention for whatever reason. Also, the other twin sister who survived,but was severely injured can make the same claim; also, the driver of the stalled vehicle can make the same claim. If gross negligence were involved, then a claim for punitive damages may be made. Since this was a company vehicle involved in this accident, there probably is an excess insurance policy which would cover damages over and above the primary insurance policy.

The damages for wrongful death consist of: loss of society and companionship for the family who has lost a loved one, loss of the income that the deceased could have earned had they not been killed in the accident, medical and funeral expenses, and pain and suffering. The damages for the injury cases are: past and future pain and suffering;past and future medical bills, past and future lost income, reduced earning capacity, and permanent injuries.

My law firm handled a case similar to this one in the past when two teenage boys were helping push a car to a nearby gas station around midnight when they were crushed in between the vehicles. We settled the cases for about $3,000,000 to $3,500,000. Each case is different and past settlements can not guarantee future results.

A Mississippi Accident/Injury lawyer should be consulted to discuss your legal rights when an accident of this magnitude happens. Any lawyer, regardless of skill or experience, can advertise for injury and death cases. Your lawyer's actual courtroom and trial experience are extremely important. You are invited to compare our experience, background and results. Click here to view our information.

Don't hire an accident lawyer until you know the "8 Costly Mistakes To Avoid When Selecting An Accident Lawyer".

You need someone to investigate your case for you right now for your side. Witnesses move away or cannot be found or the evidence is destroyed. A lot of cases are lost because the client waited too long to talk with an attorney.

CALL NOW. We will speak with you over the telephone. Insurance companies hope you won't call us. We hope you will. Call now for your FREE private consultation to discuss your legal rights, Paul Snow, 601-969-1977 or contact us online.

A verdict of $1,500,000 was awarded against a drunk driver, Richard N. Kennedy, who drove on the wrong side of the road and hit the Plaintiff's vehicle head on causing the death of a 2 year old boy, Caynen Woodward, and injuring his sister,Haley Woodward, and father, Brandon Woodward.

The accident happened on New Year's Eve night about midnight on 2009, on Highway 98 near Foxworth, MS. The defendant plead guilty to negligent manslaughter in causing the death of Caynen while driving drunk.

My law firm with mike ratcliff and bill jones are handling this case. The drunk driver's insurance company failed to pay their policy limits after being requested to pay the same within a reasonable time by our law firm. When the case didn't settle, suit was filed and now the insurance company has a large excess exposure. If adjusters would just do what is right and act fairly, then their insurance company wouldn't be in the position that they are in at the present time.

A lawsuit will be filed against the insurance company to collect the excess judgment,plus attorney fees and court costs and interest.

I will keep you informed as to future developments. Stay tuned!

Paul Snow

A Pascagoula man was killed in an explosion at work at Mississippi Phosphates, a fertilizer plant on Industrial Road in Pascagoula, MS. Jeffrey Simpson died of head trauma according to the autopsy. He was an avid outdoorsman and enjoyed a number of hobbies, especially fishing. Our prayers go out to the family.

I'm sure OSHA will investigate this accident since it happened on the job and resulted in a death. OSHA reports are sometimes hard to get and then they mark out most of the report so you can't read it too well. It appears that the product that exploded must have had a defect in it. This is known as product liability law. The manufacturer usually puts a name plate on their product which shows who made the product and where the maker is located. It is imperative that a picture of that name plate is taken as soon as possible before it disappears or is lost. A lot of cases against manufacturers are won because the defendant had notice of the problem of a possible explosion and either failed to warn or failed to repair or recall their product. Sometimes there is a defect in the product when it was made which would require that the product be saved to be reviewed by a proper expert witness to determine what caused the explosion.

Our law firm has handled numerous explosion and product defect cases to successful conclusion for the families in the past. We represent clients all over MS including Pascagoula, Biloxi, Gulfport, Hattiesburg, Jackson, Southaven, Meridian, Greenville, Tuppelo, Vicksburg, and Columbus.

Please call us right away to discuss your case FREE of charge. We handle accident cases on a contingency fee basis which means that you only pay for our services if we obtain a recovery for you. To schedule your FREE consultation with Paul Snow, a Mississippi Injury Attorney, call 601-969-1977 or contact us online.

A minor was killed after some of the alcohol vendors allegedly sold alcohol to underage drinkers at the Gulfport Music Festival last weekend. No one checked for proof of age in order to buy beer and beer was sold to the minors who attended the concert. Driving and minors don't mix.

The family of the minor who was killed in the accident can make a claim against the alcohol vendors who sold alcohol to the minors which contributed to the car accident.Also, the promoter of the concert may be sued if you can prove he was in control or aware of the alcohol being sold to the minors.

My law firm handled a case similar to this one when some minors went to a Hank Williams Jr. concert in Memphis TN and alcohol was sold to the minors which contributed to a car wreck killing a young woman on her 18th birthday. We sued the alcohol providers, the concert promoter, the driver, the lawyer who let the statute of limitations run in TN, and other defendants involved in the concert. We were able to get a substantial settlement that was acceptable to the family of the woman killed in the accident.

If you know of someone who was injured or killed as a result of someone selling alcohol to a minor which contributed to an accident and want to discuss your case FREE of charge, call Paul Snow at 601-969-1977 or contact us online.

We represent clients all over Mississippi including Gulfport, Biloxi, Pascagoula, Jackson, Southaven, Hattiesburg, Vicksburg and Meridian. Call now before it is too late.

A MSU student was killed in a one vehicle accident on May 9th, 2012, at the intersection of Oktoc and Skinner Roads. The Oktibbeha county sheriff's office investigated the accident and found a 1999 Ford Explorer overturned in the woods.Six passengers were injured in the accident, three are in critical condition and were transferred to CCU in Jackson and Tupelo. Treasure K Huffman, a sophomore from Starkville, was killed in the accident. According to the investigation, it appears that alcohol was involved but Ms. Huffman was not under the influence of alcohol.

WHO CAN MAKE A CLAIM AGAINST WHOM AND WHY?
Of course, the family of Ms. Huffman can make a claim against the driver of the vehicle and the business who sold the alcohol to any minors;also, anyone who was injured can make the same claim. If a business sells alcohol to a minor and then a wreck happens, then that business may be sued for contributing to the car accident.

There may be limited insurance available, therefore it is important for anyone who wants to make a claim, to contact a Mississippi Accident Attorney as soon as possible. Sometimes the insurance companies pay out on a first come, first served basis. Once the limits are exhausted, then there is no more money to pay out.

Claims can also be made for underinsured and medical pay benefits.

If you would like to discuss your case FREE of charge, call Paul Snow at 601-969-1977 or contact us online. We do not charge a fee unless we recover money for you. Don't wait until it is too late, call now.

Circuit Judge Charles Webster has ruled that the limits on jury verdicts are unconstitutional because the legislature has no authority to interfere with the judicial branch of the government as found in our MS Constitution.

A copy of the opinion can be viewed by clicking on the link here.

God bless Judge Webster and God bless our great state of Mississippi and its fine citizens!

Last week, Ken Henderson and his best friend, Ed Coen went offshore fishing in Henderson's offshore boat, a 30' Scarab which is a sleek, fast offshore fishing boat. For some unknown reason, the boat started filling up with water;Henderson had four bilge pumps,but they could not keep up with the water coming into the boat, so the boat started sinking. The boat was unhooked from the rig that it was tied to and Henderson tried to crank the engines supposedly to run the water out of the hull. Henderson tried to call the Coast Guard,but his radio did not work properly. Because of all of these problems, Mr. Ed Coen lost his life at sea.

Because things happen fast offshore,one must equip his boat with the proper safety equipment. One of the most important pieces of equipment is an EPIRB (emergency poistion-indicating radio beacon);it goes off automatically when there is an emergency. It automatically sends a signal to the Coast Guard that there is an emergency and tells the authorities exactly where the beacon is so that a rescue can be made. I have been fishing in the gulf of mexico for over 35 years and have my coast guard license. I have personally seen this device work while fishing off the Louisiana coast. There were about 30 boats fishing and shrimping in this large lake when all of a sudden a Coast Guard helicopter started making large circles in our area and then closed in on one shrimp boat. I could hear the pilot over the intercom ask if everything was all right because they received an EPIRB signal. The captain of the shrimp boat told the pilot that his bracket that held his EPIRB broke and that is what caused the signal to start by accident. So, if this boat were equipped with a proper EPIRB, Ed would probably still be here with us today.

Secondly, on offshore boats, the bilge pumps should come on automatically when water gets into the boat for any reason. When the bilge pump comes on, it is very obvious because you can see the water coming out of the side of the boat. Apparently, the automatic part of the bilge pumps did not work properly or else the boat would not have filled up with so much water. If they saw that the bilge pumps were running, then they could have done something sooner to solve the problem or save their lives, but, because the bilge pumps had to be turned on manually, the boat had too much water in it at that time and it was too late to pump the water out causing the boat to sink.

Thirdly, offshore boats should have a properly working VHF radio for emergencies just like this one so that the Coast Guard can come rescue them in time. The boat had a radio,but apparently it did not work properly because no one responded from the Coast Guard or anyone else. A lot of times, other boaters in the area will come assist if they know that they are needed. This is an unwritten law that we all just help other boaters out who are in trouble or who need assistance.

Fourthly, a wrong decision was made to unhook the sinking boat from the rig that they were tied to. This is especially true if there was a strong current which prevented them from simply swimming back to this rig.

Finally, the boat should have been properly inspected and maintained to make sure that it doesn't sink in the middle of the gulf of mexico. Something bad had to happen to the hull in order for a hole to be so big that 4 bilge pumps couldn't keep up with the incoming water.

The family of Mr. Coen could make a claim against the owner of the boat's insurance company for causing his death which should be covered under the policy. Since it was his best friend, i'm sure that the owner of the boat would not object to his family making a claim. That is why you buy insurance in the first place.

All I handle are injury and death cases. I've been doing this for over 37 years. I represent clients on a contingency fee basis which means that no money is paid unless or until i recover money for you. If you want to discuss your case, call Paul Snow at 601-969-1977 or 1-800-640-4478 or contact us online.

Our prayers go out to the Coen family.

The cruise ship Costa Concordia with passengers and crew of over 4,000 crashed into a rocky reef because the vessel was 2.5 miles off course on friday the 13th, 2012. The island coast of Giglio is known for its rocky sea floor. Six people were killed, twenty were seriously injured and numerous others were unaccounted for. Because the size of the gash of over 160', the ship must have been moving pretty fast in the water at the time of the disaster.
Carnival Corp., a U.S.-based cruise giant,is the parent company who owns the company that caused the accident, Costa Cruises. This is not the first time that this company was involved in a deadly maritime accident. In 2010, the Costa Europa crashed into a pier in Egypt killing three crew members.
Some important questions need to be answered: why was the ship so close to the shore? why was the ship 2.5 miles off course? was the captain eating in the dining room or was he on the bridge? if he was on the bridge, what was he thinking? how fast was the ship moving? why didnt the captain, Francesco Schettino, call in a "mayday" at the time of the incident? why did the crew members tell passengers that everything was fine and there was no danger until the ship started turning over on its side? did the delay make use of some of the lifeboats impossible? why wasn't the evacuation organized? why were the instructions from the crew contradictory?

There were about 1,000 Italians,500 Germans, 100 French, 126 Americans and other passengers on board at the time plus 1,000 crew members. Some of the passengers told of their account. Mike van Dijk said that he had to scream at the controllers in order to release the lifeboats. Valerie Ananias from Los Angeles told of a couple handing them their baby during all of the frantic confusion. She said that she thought they were going to die at four different times.

WHO CAN MAKE A CLAIM FOR WHAT AND WHY?
Anyone on the ship can make a claim under maritime law for any damages that they received as a result of the accident,either as a passenger or a crew member. The owner of the ship in addition to the owner of the cruise line will be responsible for those damages. Damages may include wrongful death for the families who lost loved ones;or for personal injuries for those who survived the disaster. These damages may include pain and suffering, medical bills , emotional distress, loss of income, loss of the cost of the cruise, any permanent injuries. Because Carnival Corp. is a U.S. corporation, suit may be filed in the United States, if required.

Don't be fooled into hiring an attorney who claims to be an expert in personal injury and death cases. Research their track record and compare it to ours. We have been handling these type of cases for over 36 years and this is all we do. The law offices of Paul Snow has handled numerous maritime cases and has a license from the U.S.Coast Guard. We know these type of cases backwards and forwards. You can call us at 601-969-1977 or contact us online to ask any questions that you may have FREE of charge. WE do not charge any attorney fee unless and until we recover for you. If you were involved in this disaster or know someone who was and want to discuss the case, call now before it is too late. The insurance company for the cruise line hopes you don't call us, we hope you do. We are here to help you and protect your rights.

Two people have died and numerous people injured when the RV they were riding in had a front tire blow-out causing the RV to go out of control run off of I-59 and hit a tree; two people were ejected from the RV. Mr. Alfred Holt Jr. of Ga. was driving the RV at the time of the accident and was killed in the accident along with Darryl Parker. Ten other passengers were injured in the crash and taken to Forrest general hospital in Hattiesburg,MS. Solomon Brannan owns the motorhome.

WHO CAN MAKE A CLAIM AGAINST WHOM AND WHY?
Lets look at the tire first. The tire blew out for a reason: was it defectively made? was it put on improperly by a local mechanic? was it worn down so much that it should have been replaced before the trip started? These are questions that need to be answered. IF the tire were defectively made, then a claim could be made by everyone in the vehicle against the maker of the tire for a defective product. This is called product liability.

IF the tire was not defective, then we need to look at who serviced the tire last. If the local mechanic's shop failed to put the nuts back on the tire properly or put too much air or not enough air in the tire, then they may be liable for the accident.

IF the tire was not defective,nor any improper handling by the tire shop, then we need to look to see if the tire was worn down so much that it should not have been used on the trip. The owner should have known whether the tire was in good or bad shape. If in bad shape, the owner should have either told the driver to replace the tire or had the tire replaced before the trip was made. If the owner told the driver about the bad tire and the driver decided not to have the tire replaced, then the driver may bear some responsibility. Also, the driver should have been properly instructed in how to properly operate the RV by the owner before leaving on the trip. These on complicated machines that need experience and know-how to operate safely.

So, a claim may be made against the owner and/or the driver. Since the driver was driving the RV with permission of the owner, then the owner's insurance company should apply to the accident; but, because there are some many victims, it may be on a first come, first served basis.

Because this accident happened in MS, a Mississippi Accident Injury Attorney should be consulted to go over all of your rights. Our law firm has been handling accident cases for over 36 years. This is all we do. Our track record speaks for itself. Check it out for yourself.

If you would like a free consultation to discuss your accident case, call 601-969-1977 now or contact us online. Paul Snow handles all types of cases involving serious injury and death including RV accidents, car accidents, truck accidents, motorcycle accidents and accidents from defective products. We do not charge any attorney fees unless we recover for you.

An 18 wheeler turned over on top of a car on the highway 49 ramp in pearl, rankin county, ms last week crushing a car in which cynthia trest was in resulting in her death;she was from bay springs, ms;three other people who were in the car were injured and taken to the university medical center in jackson, ms.

MDOT stated that the interstate 20 may be closed for hours. Accident reconstructionists are trying to figure out exactly why the big truck turned over on top of the car.

WHO CAN MAKE A CLAIM AGAINST WHOM AND WHY?
first, the family of cynthia trest may be able to make a claim for wrongful death damages which include: pain and suffering,medical and funeral bills, lost income, and loss of society and companionship of the family. These claims can be made against the 18 wheeler's insurance company who probably have at least $1,000,000 of insurance coverage (most big truck companies carry at least this much insurance). Also, a claim may be made for punitive damages against the 18 wheeler company if the proof shows that they made their truckdriver work more than the maximum hours for truckdrivers without taking the required rest breaks, or if he were an incompetent driver, or some other reason that the facts show.

Also, the three injured people in the car may also be able to make a claim against the tractor trailer truck's insurance company for personal injury damages which include: past and future medical bills, past and future lost income, past and future pain and suffering, reduced earning capacity, and permanent injuries. They also may make a claim for punitive damages.

So, who gets what if there is only $1,000,000 of insurance coverage? The short answer is first come first served;thats right;it is possible for the three injured people to exhaust all of the $1,000,000 of insurance coverage leaving nothing to the family of cynthia trest, or vice versa, its possible for the family of cynthia trest to collect all of the $1,000,000 leaving nothing for the three injured passengers in the car.

So what all this means is that it is extremely important to hire an MS accident lawyer as soon as possible to protect your rights before it is too late. We have handled a number of 18 wheeler accident cases to successful conclusion for our clients and their families; just look at our track record and compare it to anyone else's and you will see that we have the knowledge, know how and experience to handle this type of case for you.

Call now for a FREE consultation at 601-969-1977 or contact us online. We represent clients all over MS including: jackson, gulfport, biloxi, hattiesburg, greenville, meridian, tupelo, southaven, vicksburg, pascagoula, columbus,clinton, pearl, starkville, olive branch, clarksdale, ridgeland, natchez, greenwood and laurel, MS. The law offices of Paul Snow handles all types of cases involving serious injury and death including car accidents, tractor-trailer accidents, motorcycle accidents, drunk driving accidents, and accidents from defective products.

Just recently, a young man was killed by a hit and run driver when the boy was walking to get into his school bus. The driver left the scene of the accident after running over the boy, to add insult to injury. The negligent driver turned himself in and is presently being charged with numerous criminal charges.

WHO CAN MAKE A CLAIM AGAINST WHOM AND WHY? First, the insurance company for the driver who caused the accident will probably have to pay their policy limits to the family of the young man who was killed in the accident. These are called wrongful death damages. BUT, the family may also make a claim against their own insurance company for Underinsured motorist benefits. There are certain criteria to follow but a claim can be made against the families insurance policy or policies for these benefits. Also, a claim may be able to be made against the bus' insurance policy for the same type of benefits, since the boy would be considered a passenger of the school bus at the time of the accident. A Mississippi Accident Attorney can figure out all of the ins and outs of the insurance coverage and explain what is recoverable and why.

Our law firm represents families who have lost loved ones in accidents all over MS including covington county, simpson county, hinds, rankin, madison, warren, and all counties in MS.

If you have any questions about your accident case, call Paul Snow at 601-969-1977 or toll free 1-800-640-4478 for a free consultation about your case or contact us online.