The Mississippi Supreme Court handed down four opinions today. The must-read case from a factual standpoint is an organ recovery/personal injury case. There is also a med mal expert case where the Supreme Court reversed the Court of Appeals. There others are a slip-and-fall on interlocutory appeal and a zoning case.
Longo v. City of Waveland, 2025-CA-00625-SCT (Civil – State Boards & Agencies)
Affirming the circuit court’s decision affirming the City’s approval of applications, holding that the City’s approval of applications for conditional use and plat approval for a residential development project was supported by substantial evidence and was neither arbitrary nor capricious.
(6-0: Griffis for the Court)
Lee v. Doolittle, 2023-CT-00969-SCT, consolidated with 2022-CT-00186-SCT (Civil – Med Mal)
Reversing the Court of Appeals and reinstating the judgment of the circuit court striking the plaintiff’s expert and granting summary judgment, holding that the trial court was within its discretion to exclude the expert testimony.
(5-2: Branning for the Court; King dissented joined by Sullivan)
Denison v. Mississippi Organ Recovery Agency, Inc., 2024-CA-00644-SCT (Civil – Personal Injury)
Reversing the trial court’s dismissal of the Estate’s claims against MORA and medical providers after the decedent was prematurely declared dead, holding that the trial court erred by not converting MORA’s motion to dismiss based on a claim of immunity under the Revised Mississippi Uniform Anatomical Gift Act the Estate’s case into a motion for summary judgment but that the trial court did not err in granting a motion to dismiss a family member’s bystander claim for failure to state a claim.
(5-2: Sullivan for the Court; Griffis concurred in part and dissented in part, joined by Branning)
Note – My summary does not do justice to the facts. Here is how the opinion opens:
Rush Health Systems, Inc. v. Sparrow, 2024-IA-01185-SCT (Civil – Personal Injury)
Affirming denial of summary judgment on interlocutory appeal, holding that the trial court did not err in finding that there are questions of fact as to the existence of a dangerous condition and the plaintiff’s status as invitee or licensee.
(4-2: Sullivan for the Court; Coleman dissented, joined by Branning)
Other Orders
- Nelson v. State, 2023-CT-00647-SCT (granting cert)
- The Mississippi Bar v. Carr, 2025-BD-00731-SCT (order of suspension from the practice of law)
Mississippi Appeals Blog 