Defendant's Attorney: Mark C. Carroll

Description:

Jackson, Mississippi personal injury intentional infliction of emotional distress lawyer represented the Plaintiff.

¶1. Larry Allred shot and killed an eight-month-old puppy belonging to Lexi Wilkerson while the puppy was next to Lexi's younger sister Kaylee.[1] Lexi and Kaylee filed a complaint against Allred in the Hinds County Circuit Court alleging both intentional infliction of emotional distress and negligent infliction of emotional distress. Allred filed a motion for summary judgment claiming that because Lexi "did not witness" the shooting, she could not recover damages for the "wholly unforeseeable results of Allred's conduct." The circuit judge granted summary judgment in favor of Allred. Lexi appealed, arguing that the emotional distress she suffered was a reasonably foreseeable consequence of Allred killing her puppy and that her claims should have been presented to a jury.

Outcome: Upon review, we agree and reverse the circuit court's grant of summary judgment and remand.

Wilkerson v. Allred, 2023-CA-00393-COA (Miss. App. Sep 03, 2024)

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