The Mississippi Supreme Court handed down two opinions today. One is a personal injury case tried to verdict with an appeal based on a motion in limine ruling and the other is an appeal of the denial of a motion to compel arbitration.
In other news, the Court heard arguments in Phil Bryant’s defamation lawsuit against Mississippi Today yesterday. If you are interested in the oral argument, you can watch it at this link.
Greer v. Key, 2024-CA-01393-SCT (Civil – Personal Injury)
Affirming the trial court’s decision to grant the defendant’s motion in limine in an auto liability case prohibiting the plaintiff from asking questions or making reference to the defendant’s knowledge or the rules or the road or personal sense of safety (i.e. “reptile theory” questions), holding that the trial court’s evidentiary ruling was not an abuse of discretion and that the plaintiff waived her argument that the verdict against the overwhelming weight of the evidence by not filing a motion for new trial.
(7-0: Branning for the Court)
Manhattan Nursing and Rehabilitation Center, LLC v. Hawkins, 2024-CA-00488-SCT (Civil – Contract)
Affirming the trial court’s decision denying a motion to compel arbitration, holding that the wife did not have authority to enter the arbitration agreement because admission to the facility was not contingent on the execution of the arbitration agreement.
(4-3: Sullivan for the Court; Griffis dissented, joined by Coleman and Branning)
Note – It is mathematically possible that the two vacancies on the court affected the outcome of this case. The dissent was based on three justices’ willingness to overrule Mississippi Care Center of Greenville, LLC v. Hinyub, 975 So. 2d 211, 218 (Miss. 2008).
Other Orders
- Allen & Smith Insurance Agency, Inc. v. Merrill, 2023-CT-00468-SCT (granting cert)
- State v. Mitchell, 2023-CT-00771-SCT (granting cert)
- Varnado v. State, 2024-CT-00338-SCT (denying cert)
- Cole v. Fish, 2024-CT-00508-SCT (denying cert)
- Woodberry v. The Mississippi Bar, 2025-BR-00590-SCT (granting reinstatement to the bar)
- Cage v. State, 2025-M-00828 (denying pro se motion for leave to file post-conviction relief, finding it frivolous, and restricting the petitioner from filing further applications in forma pauperis)
Mississippi Appeals Blog 