Date: 08-03-2023

Case Style:

Katina Thomas v. Wal-Mart Stores East, L.L.P.

Case Number: 3:22-cv-00528

Judge: Kristi H. Johnson

Court: United States District Court for the Southern District of Mississippi (Hinds County)

Plaintiff's Attorney: Harry McCumber

Defendant's Attorney: Rajita Iyer Moss and Tom Louis

Description: Jackson, Mississippi personal injury lawyers represented Plaintiff who sued Defendant on a premises liability negligence theory.

This case was filed in the Newton County Circuit Court, 22-cv-082-NWCM and was removed to federal court by the Defendant.

"Premises liability law in Mississippi is based on the concept of duty of care. This means that property owners have a duty to keep their property safe for visitors. If a property owner fails to uphold this duty of care, and someone is injured as a result, the property owner may be held liable for the injuries.

There are three main categories of people who can sue under premises liability law in Mississippi:

Licensees: Licensees are people who are invited onto the property for their own benefit. For example, a customer in a store is a licensee.
Trespassers: Trespassers are people who are on the property without the permission of the property owner. For example, someone who sneaks onto a property is a trespasser.
Invitees: Invitees are people who are invited onto the property for the benefit of the property owner. For example, a delivery person is an invitee.

The duty of care owed to each of these categories of people is different. The property owner owes the highest duty of care to invitees. This means that the property owner must take all reasonable steps to keep the property safe for invitees. The property owner owes a lower duty of care to licensees. This means that the property owner must only take reasonable steps to keep the property safe for licensees. The property owner owes the lowest duty of care to trespassers. This means that the property owner only has to take steps to keep trespassers from being injured if they are likely to be injured.

If you have been injured on someone else's property in Mississippi, you may be able to file a premises liability lawsuit. To win a premises liability lawsuit, you must prove that the property owner breached their duty of care, that the breach of duty caused your injuries, and that you suffered damages as a result of your injuries.

If you are considering filing a premises liability lawsuit, it is important to speak with an experienced attorney. An attorney can help you understand your legal rights and options and can represent you in court if necessary.

Here are some additional things to keep in mind about Mississippi premises liability law:

Mississippi follows the comparative negligence rule, which means that your recovery of damages will be reduced in proportion to your fault. For example, if you are found to be 20% at fault for your injury, your damages will be reduced by 20%.
Mississippi also has a statute of limitations for premises liability lawsuits. This means that you have a certain amount of time to file a lawsuit after you are injured. The statute of limitations for premises liability lawsuits in Mississippi is three years.

If you have been injured on someone else's property in Mississippi, it is important to seek legal advice as soon as possible. An experienced attorney can help you understand your legal rights and options and can represent you in court if necessary."

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Outcome: 08/03/2023 Minute Entry for proceedings held before Magistrate Judge Michael T. Parker: Settlement Conference held on 8/3/2023. The parties agreed to a settlement. APPEARANCES: Harry McCumber for plaintiff; Tommy Louis for defendant. (KPM) (Entered: 08/03/2023)
08/03/2023 42 ORDER. IT IS, THEREFORE, ORDERED that this case is hereby dismissed with prejudice as to all parties. Signed by District Judge Kristi H. Johnson on 8/3/2023 (PG) (Entered: 08/03/2023)

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Defendant's Experts:

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