Jacob Malatesta (Jackson, MS) (Medical Malpractice) recently obtained a dismissal with prejudice on behalf of a hospital client in a wrongful death case filed in the Circuit Court of Hinds County.
Plaintiffs had filed, settled, and dismissed a wrongful death case in another county. During the prior litigation the Plaintiffs even designated an expert who specifically indicated that there was no breach of the standard of care for any employee of the firm’s client. Apparently unsatisfied with the amount they received in the original wrongful death case, the Plaintiffs filed a second wrongful death matter in Hinds County.
Jacob and his associate, Zach Pugh, drafted a comprehensive Motion to Dismiss raising several dispositive issues, including improper service of process, expiration of the one-year statute of limitations under the Mississippi Tort Claims Act (with particular attention to how the appointment of a conservator affects the minor-savings provision under Miss. Code Ann. § 15-1-53), and the “one suit” rule under Mississippi’s wrongful death statute.
Rather than contest the Motion, opposing counsel reviewed the filing and the governing authority and agreed to dismiss the case with prejudice. The result resolved the matter efficiently and favorably for the client, without the need for a contested hearing.