The Mississippi Court of Appeals handed down five opinions today, all civil cases. There is a divorce case, a grandparent visitation case, a wrongful death summary judgment case, a workers’ comp case, and the obligatory PCR case.
Brownlee v. Brownlee, 2023-CA-01044-COA (Civil – Domestic Relations)
Affirming grant of divorce on the ground of habitual cruel and inhuman treatment, holding that divorce on this ground does not have to be supported by corroborating evidence.
(10-0)
McDonald v. Pruwitt, 2023-CA-01312-COA (Civil – Custody)
Affirming in part and reversing in part the chancellor’s grant of grandparent visitation, holding that the chancellor did not err in finding that the grandmother proved the statutory elements but that the chancellor erred in failing to analyze the Martin factors.
(10-0)
Fisher v. All About Painting and Cleaning, Inc., 2023-CA-01289-COA (Civil – Wrongful Death)
Affirming summary judgment in favor of the employer of a man who ingested kratom and oxycodone laced with fentanyl on an unpaid lunch break and then struck four airmen with his vehicle on a walking path killing one and injuring three others, holding that the employer was not vicariously liable because the employee was not in the course and scope of employment or performing any act in furtherance of his employment at the time of the collision.
(10-0)
Thomas v. Nissan North America, Inc., 2024-WC-00553-COA (Civil – Workers’ Comp)
Affirming the MWCC’s decision that the claimant did not sustain an industrial loss of use that was greater than his 5% medical impairment, holding that the Commission’s decision was based on substantial evidence where the claimant was able to continue his pre-injury job with some modified duties.
(7-3-0: Westbrooks, McDonald, and Mccarty concurred in the result and conclusion without writing)
Nelson v. State, 2023-CP-00647-COA (Civil – PCR)
Affirming denial of PCR motion after a hearing, holding that the trial court did not err in finding no merit to arguments about the sufficiency of the indictment, sufficiency of the evidence, and ineffective assistance of counsel.
(10-0)
Other Orders
- Wilson v. State, 2023-CP-01050-COA (rehearing denied)
- Baker v. State, 2023-KA-01111-COA (denying rehearing)
- Walker v. State, 2025-TS-00079-COA (dismissing appeal as untimely)
- Fortune v. State, 2025-TS-00392-COA (granting motion for leave to proceed with untimely direct appeal)
Mississippi Appeals Blog 