Intersection of Family Law and Personal Injury

Family Law and Personal Injury law overlap a lot.  Many times in a family law matter, you end up representing the party as a Plaintiff or sometimes as a Defendant on a variety of related suits (i.e. intentional tort suit, wiretapping suit, alienation of affection.)  The Mississippi Supreme Court handed down Watkins v. DHS yesterday located here.  The facts of the case are horrible.  Short version is that mother had her children taken away and placed in DHS custody.  DHS placed the kids in a foster home.  The child was later taken to the hospital grossly underweight.  The hospital reported the abuse and DHS did nothing was the Plaintiffs contention.  DHS stated it never got the report.  The child later died and the foster parents pled guilty to capital murder.  The mother through the child's estate sued DHS for wrongful death and the trial court granted summary judge based on the tort claims act and supposed lack of notice to DHS.  The Mississippi Supreme Court in a unanimous decision reversed the case finding there are genuine issues of material fact on the notice given to DHS and also that the Tort Claims Act was not applicable as DHS had an affirmative duty to investigate with no discretion in the statute once an accusation is reported to them.  This is a waiver of sovereign immunity under the Tort Claims Act.