Todd v. Clayton

IRVING, J.,

for the Court:

¶ 1. Dr. Michael Todd 1 filed a motion for sanctions against Claude Clayton, the attorney for the estate of Judith Clark. Clark’s estate filed a wrongful-death action against Dr. Todd alleging medical malpractice. The deposition of Dr. Todd’s co-defendant, Dr. Patrick Hsu, ultimately absolved Dr. Todd of liability, and the circuit court dismissed Dr. Todd from the case.

¶ 2. Years later, Dr. Todd filed a motion for sanctions against Clayton pursuant to Rule 11 of the Mississippi Rules of Civil Procedure and the Litigation Accountability Act (LAA). The circuit court…