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Howse v. Brentwood Behavioral Healthcare of Miss.

Court of Appeals of Mississippi

May 20, 2014

JUSTIN HOWSE, BY AND THROUGH HIS ADULT NEXT FRIEND, ELWANDA BLASINGAME, APPELLANT
v.
BRENTWOOD BEHAVIORAL HEALTHCARE OF MISSISSIPPI, APPELLEE

Page 126

[Copyrighted Material Omitted]

Page 127

COURT FROM WHICH APPEALED: RANKIN COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 05/15/2013. TRIAL JUDGE: HON. WILLIAM E. CHAPMAN III. TRIAL COURT GRANTED APPELLEE'S MOTION FOR SUMMARY JUDGMENT.

FOR APPELLANT: JAY L. JERNIGAN.

FOR APPELLEE: JOHN DAVID PRICE.

BEFORE GRIFFIS, P.J., BARNES AND JAMES, JJ. LEE, C.J., GRIFFIS, P.J., ISHEE, ROBERTS, CARLTON, MAXWELL AND FAIR, JJ., CONCUR. BARNES, J., CONCURS IN PART AND IN THE RESULT WITHOUT SEPARATE WRITTEN OPINION. IRVING, P.J., CONCURS IN RESULT ONLY WITHOUT SEPARATE WRITTEN OPINION.

OPINION

Page 128

NATURE OF THE CASE: CIVIL - PERSONAL INJURY

JAMES, J.

¶1. Justin Howse sustained injuries from an incident with Alex Jevette Archie, an employee of Brentwood Behavioral Healthcare of Mississippi. Howse filed a civil action, suing Archie and the facility. The Circuit Court of Rankin County granted Brentwood's motion for summary judgment. Howse appeals the circuit court's judgment, raising the following issues: (1) whether the circuit court failed to apply the correct standard when considering the standard of care applicable to Brentwood, (2) whether Brentwood was negligent; and (3) whether Brentwood is vicariously liable for the intentional acts of Archie. Finding no error, we affirm.

FACTS

¶2. Archie, an employee at Brentwood, removed Howse, a student and patient, from a classroom for misbehaving. The record is unclear as to what happened next, but ultimately, Howse suffered an injury at the hands of Archie, and the act was witnessed by another employee through an open door. Brentwood then reported the matter to the Attorney General's office for prosecution. On June 11, 2010, Archie was fired from his position at Brentwood. Archie pled guilty to abuse of a vulnerable adult. On October 21, 2011, Howse filed a ...


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