Mississippi Injury Lawyer Blog

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Mississippi injury case seeks to overturn the tort reform caps on non-economic damages

A recent Mississippi case on appeal got the attention of Governor Haley Barbour. The issue is the constitutionality of Mississippi Code, Section 11-1-60(2) which states:

(2) (a) In any cause of action filed on or after September 1, 2004, for injury based on malpractice or breach of standard of care against a provider of health care, including institutions for the aged or infirm, in the event the trier of fact finds the defendant liable, they shall not award the plaintiff more than Five Hundred Thousand Dollars ($500,000.00) for noneconomic damages.

(b) In any civil action filed on or after September 1, 2004, other than those actions described in paragraph (a) of this subsection, in the event the trier of fact finds the defendant liable, they shall not award the plaintiff more than One Million Dollars ($1,000,000.00) for noneconomic damages.

The case involves Ronnie Lee Lymas who was shot leaving a store in Belzoni. He sued Double Quick, Inc. due to the inadequate security for its customers. A jury awarded Lymas actual damages of approximately $4 million dollars. However, the judge reduced the non-economic damages to $1 million dollars due to the statute above.

For the first time since taking office, Governor Barbour filed an amicus brief with the Mississippi Supreme Court asking the Court to uphold the constitutionality of the cap on damages. You can be assured other amicus briefs will be filed on both sides of the issue and a decision will not be coming anytime soon.

Source: Mississippi Business Journal, Clarion-Ledger

Over 50 million shades and blinds recalled due to strangulation hazard

More than 50 million Roman-style shade and roll-up blinds are being recalled due to the risk of children being strangulated by the cords. The Consumer Product Safety Commission said since 2006, there have been 5 deaths and 16 near-strangulations involving children and the Roman shades. Strangulation can occur when a child places his/her neck between the exposed inner cord and the fabric on the backside of the blind or when a child pulls the cord out and wraps it around their neck. Consumers can obtain a free retrofit kits for roman style fabric looped and flat panel shades and roll-up blinds online at www.windowcoverings.org or by calling 1-800-506-4636.

Shades involved in the recall include:

• Roman shades by All Strong Industry sold at Walmart stores nationwide
• Roll-up blinds and Roman Shades by Walmart
• Roman and Roller shades sold at Pottern Barn, Pottery Barn Kids, and PBTeens
• Roman shades and roll-up blinds sold at JCPenny
• Matchstick Roll-up shades sold exclusively at Big Lots
• Roll-up blinds by Lotus & Windoware sold exclusively at Ace Hardward and Big Lots
• Louis Hornick & Co. sold at Ross Stores
• Roman Shades by Draper, Inc.
• Jute/Ely Roman Shades sold at West Elm
• Roman shades by Airtex Designs Group sold exclusively by The Land of Nod

For more information about this recall, go to these websites:

Consumer Product Safety Commission

Window Covering Safety Council

The Kisselburgh Law Firm is a personal injury law firm representing individuals seriously injured due to defective products, car accidents, tractor-trailer accidents, drunk drivers, and prescription drugs. If you would like to discuss your legal rights, call us now for a free consultation at 877.601.4040 or contact us online.