Legal Opinion

Mississippi Baptist Health Systems, Inc. v. Kelly

Court of Appeals of Mississippi

Decided December 13, 2011No. 2009-CA-01796-COAPublishedCited by 12 opinions

1Opinion of the Court

ISHEE, J.,

for the Court:

¶ 1. Mississippi Baptist Health Systems, Inc. d/b/a Mississippi Baptist Medical Center (Baptist), appeals the Hinds County Circuit Court jury award of $4,691,000 in favor of Jonathan Kelly and the estate of his wife, Ellen Kelly, for her wrongful death. The subject tort was committed in 2000, and the subsequent lawsuit was filed in 2001. Both occurred before the passage of Mississippi Code Annotated section 11-1-60 (Supp.2011), which capped non-economic damages in medical-malpractice lawsuits at $500,0001 and actual economic *772damages at $1,000,000.2

¶ 2. Baptist argues…

2Cases cited26 opinions

  1. Heidel v. StateMississippi Supreme Court · 1991
  2. Whitten v. CoxMississippi Supreme Court · 2000
  3. Poole Ex Rel. Poole v. AvaraMississippi Supreme Court · 2005
  4. Mississippi Power & Light Co. v. CookMississippi Supreme Court · 2002
  5. Jesco, Inc. v. WhiteheadMississippi Supreme Court · 1984

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3Cited by12 opinions

  1. Union Carbide Corp. v. NixMississippi Supreme Court · 2014
  2. In re Gen. Motors LLCDistrict Court, S.D. Illinois · 2018
  3. Emergency Medicine Associates of Jackson, PLLC v. Glover Ex Rel. GloverCourt of Appeals of Mississippi · 2016
  4. The Commercial Bank v. Smith Shellnut Wilson LLCCourt of Appeals of Mississippi · 2018
  5. Chickaway v. United StatesDistrict Court, S.D. Mississippi · 2013

7 more not listed; retrieve them via the Exa API.

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