Boykin v. Physicians Mutual Insurance

MEMORANDUM OPINION AND ORDER

BARBOUR, District Judge.

This matter is before the Court on Defendant’s Motion for Summary Judgment under Rule 56 of the Federal Rules of Civil Procedure. This case presents a question of first impression in Mississippi. The Court finds there are genuine issues of material fact as to part of the Plaintiff’s case, but the Defendant is entitled to partial summary judgment as a matter of law on the issue of punitive damages.

FACTS

On January 23,1982, the Defendant Physicians Mutual Insurance Company (“Physicians Mutual”) issued to the Plaintiff a hospital confinement…