Luther, Collier, Hodges & Cash, LLP – Attorneys at Law

Mississippi Lien Law In 2014, Mississippi enacted new laws concerning construction liens against real property. See Mississippi Code of 1972 Annotated § 85-7-401, et seq. The grounds and procedure for establishing construction liens against real property are outlined below. 1. Who may claim a lien? Persons furnishing labor, services or materials with respect to real […]

CONTRACTOR’S INJURED WORKERS UNABLE TO RECOVER FROM CITY Hill, et al. v. City of Horn Lake, Mississippi, 2015 Miss. LEXIS 15 (Miss. 2015) The Mississippi Supreme Court recently upheld summary judgment in favor of a city which had been sued under both a respondeat superior theory and for negligent hiring. See Hill, et al. v. City of […]

SHOW YOUR WORK: FLORIDA APPELLATE COURT REINFORCES NEW BAN ON “PURE OPINION” EXPERT TESTIMONY Giaimo v. Florida Autosport, Inc., et al., 39 Fla. L. Weekly D2484a (Fla. 1st DCA 2014) Florida’s First DCA recently reversed a decision of the JCC regarding apportionment of damages due to a 2013 legislative change regarding expert opinion testimony. See Giaimo […]

DON’T BLAME ME, I ANSWERED THE COMPLAINT Travelers Home and Marine Insurance Company v. Dianne Gray and Martin Gray UM carrier not liable for damages assessed in default judgment filed against tortfeasor. In Gray, plaintiffs Dianne and Martin Gray filed an action against Lawana Coker and Travelers Insurance following a motor vehicle accident involving Dianne and […]

FLORIDA DRIVERS:  PUT THE PHONE DOWN OR PRODUCE IT DURING LITIGATION. A Properly-Limited Expert Examination of a Cellphone Does Not Violate the Florida Constitution or the Florida Rules of Civil Procedure Antico v. Sindt Trucking, Inc., et al. Florida’s First District Court of Appeals allows a defendant’s expert to examine the smart phone of a […]

Entergy Mississippi, Inc. v. Acey, (Supreme Court of Mississippi, No. 2013-IA-01291-SCT, October 23, 2014). Mother unable to recover as bystander when not present at the time of daughter’s accident. In Entergy v. Acey, a minor was electrocuted when she climbed on top of a cotton picker parked underneath a sagging power line.  The minor’s mother […]

Contracting Parties Cannot Have Their Cake And Eat It Too… America’s Home Place, Inc. v. Rampey Supreme Court of Alabama rules that a party cannot sue under a contract while repudiating the arbitration provision found therein based solely on allegations of forgery relative to the arbitration provision. Defendant appealed an order from the trial court […]

Mechanic’s Trip To Parts Store Costs Business An Arm And A Leg.   Cheeks v. Autozone, Inc., (Supreme Court of Mississippi; No. 2013-CA-00401-SCT; September 25, 2014). Business owner liable to invitee struck by vehicle when entering store In Cheeks v. Autozone, Inc., the plaintiff was struck by a vehicle while entering an AutoZone. The AutoZone […]

A Statutory Employer Has No Obligation to Notify Its Carrier of an Injury and Cannot Be Estopped from Asserting Workers’ Compensation Immunity VMS, Inc. v. Alfonso, 39 Fla. L. Weekly D2049a (Fla. 3d DCA 2014) The Third DCA recently upheld a contractor’s right to workers’ compensation immunity even when the Plaintiff failed to seek benefits […]

She Thinks My Tractor’s Defective Alabama Supreme Court rules in favor of tractor company on appeal of judgment in favor of Plaintiff as to negligent failure to warn claims Yanmar America Corporation v. Randy Nichols Alabama Supreme Court finds that tractor company did not breach a duty to warn where that duty was assumed voluntarily […]