Mississippi Archives

Category: Mississippi

June 10, 2021 • Mississippi, Motion for Reconsideration, Summary Judgment

Brake Manufacturer’s Grant of Summary Judgment Upheld on Reconsideration Due to Lack of Causation

U.S. District Court for the Southern District of Mississippi, Southern Division, June 9, 2021 The plaintiffs, William and Karla Dickens, allege that William Dickens developed mesothelioma due to his exposure to asbestos-containing products during automotive mechanical work. The plaintiffs sued multiple defendants, including Ford Motor Co. (Ford). Ford moved for summary judgment in two motions, … Continued

February 12, 2021 • Mississippi, Summary Judgment

Brake Manufacturer Obtains Summary Judgment on Causation and Punitive Damages Grounds

U.S. District Court for the Southern District of Mississippi, Southern Division In this action, the plaintiffs allege that Mr. Dickens was exposed to asbestos from his work with brakes and clutches manufactured by Defendant, Ford Motor Co. Ford moved for summary judgment on causation and punitive damages grounds. Ultimately, the court granted both motions and … Continued

October 27, 2020 • Choice of Law, Mississippi

Mississippi Federal Court Applies Delaware and Tennessee Law to Grant Summary Judgment

U.S. District Court for the Southern District of Mississippi, Southern Division, October 23, 2020 The plaintiff alleged that he developed mesothelioma after exposure to asbestos from various products he worked with throughout his career. Of note in this matter, the plaintiff alleged that defendant Trinity Marine Products is liable for his injury after he worked … Continued

February 20, 2020 • Mississippi, Summary Judgment

Summary Judgment Granted to Automotive Manufacturer Due to Lack of Causation

United States District Court, N.D. Mississippi, February 18, 2020 MISSISSIPPI – The plaintiffs allege that the decedent, Beverly Bedford, developed mesothelioma from asbestos exposure through her work at Honda of Tupelo, a motorcycle dealership and service center she owned from the late 1970s to 2014. It is alleged that she was exposed to asbestos from … Continued

December 24, 2019 • Mississippi

Court Grants Protective Order Prohibiting Plaintiff’s Deposition

MISSISSIPPI – In the matter of William Bedford, Individually, and as Co-Executor of the Estate of Beverly Bedford, deceased and Kim Waddle as Co-Executor of the Estate of Beverly Bedford deceased v. American Honda Motor Co., the plaintiffs requested a protective order to prohibit the defendant, American Honda Motor Co., from taking the deposition of … Continued

February 13, 2019 • Mississippi, Other Asbestos News

Assertion of Innocent Seller Defense Leads to Dismissal of Auto Supplier in Mesothelioma Matter

MISSISSIPPI — The plaintiff filed suit against A-1 Auto Parts and Repair (A-1) alleging he developed mesothelioma as a result of exposure to asbestos from his work as a mechanic and exposure to talcum powder. A-1 moved for dismissal under Federal Rule 12 (b) 6 arguing that it was an “innocent seller” under Mississippi Products … Continued

February 12, 2019 • Mississippi, Motion to Dismiss

Partial Motion to Dismiss Granted in Favor of Detroit Diesel Corporation

MISSISSIPPI — Detroit Diesel Corporation moved to dismiss certain claims filed against them by the plaintiffs, who alleged that William Dickens developed mesothelioma following exposure to Detroit Diesel engines from 1980 to 2010. The motion to dismiss was unopposed. Detroit Diesel moved to dismiss four alternative theories of liability not recognized under Mississippi law: enterprise … Continued

November 5, 2018 • Mississippi, Motion to Dismiss, Pleadings Challenge

Brake Manufacturer Obtains Dismissal on Alternative Theories of Liability in Lieu of Product Identification & Proximate Cause

MISSISSIPPI – The plaintiffs William Dickens and Karla Dickens (plaintiffs) allege that the plaintiff William Dickens’s (Mr. Dickens) mesothelioma was caused by exposure to asbestos within products he used while employed as a mechanic, and within talcum powder products he used. Ford Motor Company (Ford) was named as one of the defendants since it, “designed … Continued

February 16, 2018 • Case Decisions, Damages, Mississippi, Verdict Reduction

Case Remanded to Determine Setoff Amounts from Settlements with Asbestos Trusts

MISSISSIPPI — On February 13, 2009, Clara Hagan filed a complaint, as the representative of Bennie Oakes, against Illinois Central Railroad in the Warren County Circuit Court. The complaint, brought under the provisions of the Federal Employers Liability Act, sought to recover damages for personal injuries and/or death sustained by decedent Bennie Oakes while decedent … Continued

September 26, 2016 • Case Decisions, Mississippi

Trial Court’s Reaffirmation of Judgment Notwithstanding the Verdict in Favor of Defendants Reversed

Larry Smith worked on various drilling rigs from the mid-1960s until the early 1990s. He was also a heavy smoker. He was diagnosed with lung cancer and died shortly thereafter. His widow and other heirs filed a wrongful death action against several defendants in 2006. At trial, only Union Carbide Corporation, Montello, Inc., and Chevron … Continued