Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Liberty Mutual Insurance Co. v. State ex rel. Hood

Supreme Court of Mississippi, En Banc

August 22, 2019

LIBERTY MUTUAL INSURANCE COMPANY
v.
STATE OF MISSISSIPPI EX REL. JIM HOOD

          DATE OF JUDGMENT: 10/24/2017

          CIRCUIT COURT OF THE FIRST JUDICIAL DISTRICT OF HINDS COUNTY TRIAL JUDGE: HON. TOMIE T. GREEN

          TRIAL COURT ATTORNEYS: CECIL MAISON HEIDELBERG GEORGE W. NEVILLE BENJAMIN GILBERT BRYANT LUCIEN SMITH WILLIAM E. COPLEY WILLIAM L. SMITH JACQUELINE H. RAY CRYMES G. PITTMAN CLIFFORD KAVANAUGH BAILEY, III GREGG A. CARAWAY MARY JO WOODS GEOFFREY C. MORGAN AUGUST J. MATTEIS, JR. MATTHEW S. KRAUSS SEAN J. WILLIAMS

          ATTORNEYS FOR APPELLANT: GREGG A. CARAWAY CLIFFORD KAVANAUGH BAILEY, III JUDY Y. BARRASSO STEPHEN L. MILES CHLOE M. CHETTA

          ATTORNEYS FOR APPELLEE: GEORGE W. NEVILLE DONALD L. KILGORE JACQUELINE H. RAY WILLIAM L. SMITH W. LUCIEN SMITH BENJAMIN GILBERT BRYANT CRYMES G. PITTMAN WILLIAM E. COPLEY CECIL MAISON HEIDELBERG

          MAXWELL, JUSTICE

         ¶1. This is a sister appeal to Safeco Insurance Company of America v. State, No. 2017-IA-01554-SCT (Miss. Aug. 22, 2019) (Safeco).[1] But unlike Safeco, there is no issue of case reassignment from one judge's docket to another. The only issue in this appeal is the trial court's appointment of a special master.

         ¶2. The order appointing the special master to the case against Liberty Mutual Insurance Company is almost verbatim to the appointment order in Safeco. Thus, this order also falls outside the discretionary bounds of Mississippi Rule of Civil Procedure 53. For the same reasons articulated in Safeco, we vacate the order appointing the special master and remand this case for further proceedings consistent with this opinion.

         ¶3. Liberty Mutual also asks this Court to appoint a special judge to preside over this case. But a majority of this Court does not find the record before us sufficient for this Court to invoke Mississippi Code Section 9-1-105(2) (Rev. 2014) in this case. On remand, if Judge Green is convinced additional judicial resources are necessary, Section 9-1-105(2)[2] authorizes her to request the Chief Justice appoint a special judge to preside in this case or to assist the Hinds County Circuit Court in the prompt administration of justice.

         ¶4. VACATED AND REMANDED.

          RANDOLPH, C.J., COLEMAN, BEAM, CHAMBERLIN, ISHEE AND GRIFFIS, JJ., CONCUR.

          KING, PRESIDING JUSTICE, DISSENTING:

         ¶5. For the reasons stated in the dissenting portion of my opinion in Safeco Insurance Co. of America v. State, No. 2017-IA-01554-SCT ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.