On Tuesday, the Mississippi Court of Appeals decided Smith v. Minier, 2021-CA-01284-COA (Civil – Wrongful Death). In the case the Court of Appeals reversed dismissal on summary judgment of a wrongful death claim where the decedent died of chronic liver failure five months after a car wreck, holding that there was a fact question as to whether the other driver’s actions were the proximate cause of the decedent’s use of pain medication, misuse of pain medication, and resulting death.
This is a must-read if you handle negligence claims. The Court of Appeals confessed occasional, prior inconsistencies in the Court’s use of the term “proximate cause” and took the opportunity to clarify:
Regarding the instant case, the Court held:
No comments:
Post a Comment