The Mississippi Supreme Court handed down two opinions on September 11 and two more on September 18. I think the most significant of the bunch is Pilot Travel Centers, LLC v. Womack where the Supreme Court reversed the Court of Appeals and granted a new trial in a premises liability case because improper expert testimony was admitted.
September 11, 2025
Patterson v. State, 2024-CA-00788-SCT (Civil – Wrongful Death)
Affirming the trial court’s grant of summary judgment dismissing an MTCA wrongful death claim, holding that the immunity requirements of Section 11-46-9(1)(l) were met and that the statute passed constitutional muster.
(9-0: Sullivan for the Court)
Watkins Construction v. Miss. Dept. of Revenue, 2024-SA-00662-SCT (Civil – State Boards & Agencies)
Affirming the chancery court’s decision denying a taxpayer’s motion for summary judgment “for reconsideration, clarification, and alternative relief,” finding that the chancellor properly denied the company’s post-judgment request and declining to “give advisory opinions about unraised legal questions.”
(9-0: Maxwell for the Court)
Other Orders
- The Mississippi Bar v. Valley, 2008-BD-01884-SCT (granting motion to reopen case and file amended formal complaint)
- Shelton v. State, 2010-M-01801 (denying petition to review issues re: possible judicial and/or criminal misconduct for possible impeachment and/or prosecution directed at the trial judge, finding that the filing was frivolous, and restricting the petitioner from filing in forma pauperis)
- In Re: Judicial Election Oversight Committee, 2021-M-01306-SCT (appointing Spence Flatgard, James H. Heidelberg, and David F. Delgado to four-year terms as members of the judicial election oversight committee)
- Carr v. State, 2023-DR-00503-SCT (granting motion to vacate stay and granting open time motions and giving 30 days to file post-conviction application)
September 18, 2025
In Re Estate of Ivision: Malouf & Malouf, PLLC v. Estate of Ivison, 2024-CA-00421-SCT (Civil – Wills, Trusts & Estates)
Affirming the chancery court’s denial of a motion for payment of past due interest, holding that this second probated claim for compound interest was a new claim and was untimely filed.
(9-0: Griffis for the Court)
Pilot Travel Centers, LLC v. Womack, 2023-CT-00035-SCT (Civil – Personal Injury)
Reversing the Court of Appeals’ decision that held that the trial court’s error admitting expert testimony was harmless, holding that the expert was unqualified and his testimony was unhelpful where he read the defendant’s policies and identified alleged violations of them.
(9-0: Chamberlin for the Court)
Practice Point – This is a big Daubert case (though the opinion did not cite Daubert). The Supreme Court agreed with the Court of Appeals that admitting the expert testimony was error, but the Supremes held it was not harmless. The Court adopted the rationale from Judge Wilson’s Court of Appeals dissent:
Other Orders
- Crawford v. State, 2024-DR-01386-SCT (granting the State’s motion to dismiss a petition for post-conviction relief)
- Galloway v. State, 2025-DR-00129-SCT (granting the State’s motion to dismiss successive motion for leave to proceed)
- In Re: Rules of Discipline for the Mississippi Bar, 89-R-99010-SCT (appointing Robert R. Morris III as member of the Complaint Tribunal)
- Crawford v. State, 24-DP-01016-SCT (granting renewed motion to set execution date)
Mississippi Appeals Blog 