Mississippi

 
 
 
 
 
 
 
 
 
 
 
 
 
 

Statutes of Limitations (MISSISSIPPI)

Negligence - 3 yrs. [Miss. Code Ann. § 15-1-49]

Personal Injury - 3 yrs. [Miss. Code Ann. § 15-1-49]

Wrongful Death - 3 yrs. [Miss. Code Ann. § 15-1-49]

Med Mal - 2 yrs. from discovery, but no later than 7 yrs. from act/omission [Miss. Code Ann. § 15-1-36]

Property Damage - 3 yrs. [Miss. Code Ann. § 15-1-49]

Written Contracts - 3 yrs. [Miss. Code Ann. § 15-1-49]

Oral Contracts - 3 yrs. [Miss. Code Ann. § 15-1-29]

Contract for Sale (goods) and Breach of Warranty - 6 yrs. (from tender of delivery) [Miss. Code Ann. § 75-2-725]

 

It is well settled in Mississippi that a cause of action begins to run from the time of the injury and not from the time of its discovery [Wilson v. Retail Credit Co., 325 F.Supp. 460 (S.D. Miss 1971)]

 

 

 

Statutes of Repose (MISSISSIPPI)

Products - None.

Construction of Real Property - 6 yrs. (does not apply to Wrongful Death) [M.C.A. § 15-1-41]

 

 

 

Claims Against Public/Gov. Entities (NOTE: “sovereign immunity” rules may apply) (MISSISSIPPI)

Against All Entities - Suit within 1 yr., but cannot file suit unless 90-day notice was  given before filing suit [Miss. Code Ann. § 11-46-11]

Comparative Negligence (MISSISSIPPI)

Pure comparative (Plaintiff can recover even if 99% at fault) [M.C.A. § 11-7-15]

 

 

Made Whole Doctrine (MWD) (MISSISSIPPI)

Applied/Recognized.  Rule prohibiting subrogation until person has been made whole is adopted and cannot be overridden by contract language [Hare v. State, 733 So.2d 277 (Miss. 1999)]

 

 

 

Economic Loss Doctrine (ELD) (Assuming No Injury to Person or Damage to “Other Property”) (MISSISSIPPI)

ELD has been adopted by statute (“commercial damage to the product itself” is excluded from the definition of product liability suits) [Miss. Code Ann. § 11-1-63].  Component parts are not “other property” for purposes of ELD [State Farm Mut. Auto. Ins. Co. v. Ford Motor Co., 736 So.2d 384 (Miss. App. 1999)]

 

 

Certificate/Affidavit Of Merit Requirements (Claims Against Licensed Professionals) (MISSISSIPPI)

In Med Mal actions, Plaintiff must file a certificate executed by Plaintiff’s attorney declaring that the attorney has reviewed the facts and has consulted with at least one expert qualified to give expert testimony as to standard of care/negligence and who the attorney reasonably believes is knowledgeable in the relevant issues involved in the particular action, and that the attorney has concluded on the basis of such review and consultation that there is a reasonable basis for the commencement of such action [Miss. Code Ann. § 11-1-58]

 

 

 

Landlord/Tenant Subrogation (MISSISSIPPI)

Subrogation allowed.  [Employers Ins. of Wausau v. Dunaway, 626 F.Supp. 1144 (S.D. Miss. 1986)]

 

 

Reimbursement of Deductible(s) (MISSISSIPPI)

No law available.

 

 

MedPay and PIP (MISSISSIPPI)

MedPay - Subrogation allowed.  PIP - no subrogation allowed and/or no such coverage available.

Note: No MedPay subrogation from Tortfeasor was allowed where: (1) Insurer did not secure an assignment from Insured; (2) Insured filed suit against Tortfeasor; (3) Insurer notified Tortfeasor of its subro claim after the suit was filed; and (4) Tortfeasor settled with Insured after notice of the subro claim [Preferred Risk Mut. Ins. Co. v. Courtney, 393 So.2d 1328 (Miss. 1981)]

 

 

Liability of Parents (MISSISSIPPI)

$5,000 (+ court costs) for malicious and willful damage/destruction of property [Miss. Code Ann. § 93-13-2].  Cost of replacing/repairing and fine (between $200 and $500) for destroying/damaging/removing any milepost, signboard, index board, road number, railroad crossing sign/signal, or other traffic control device [Miss. Code Ann. § 97-15-1].  Negligence or willful misconduct of a minor driver is imputed to the person who signed the permit/license application [Miss. Code Ann. § 63-1-25].

 

 

 

Joint Liability (MISSISSIPPI)

Several liability (Plaintiff can recover from each Defendant only that Defendant’s share of liability).  But Defendants are jointly and severally liable if they act on a common plan. [Miss. Code § 85-5-7]

 

 

Independent Cause of Action for Evidence Spoliation (MISSISSIPPI)

Mississippi has refused to recognize an independent cause of action for intentional spoliation of evidence against first and third party spoliators [Dowdle Butane Gas Co., Inc. v. Moore, 831 So.2d 1124 (Miss. 2002)].

Mississippi has refused to recognize a separate tort for negligent spoliation of evidence [Richardson v. Sara Lee Corp., 847 So.2d 821 (Miss. 2003)]

 

 

 

Conflicts of Law (MISSISSIPPI)

Torts - Law of the place of tort is the preferred choice of law which should yield to law of another state only where the other state is shown to have more significant relation to any given issue in the case.  [Hanley v Forester, 903 F.2d 1030 (5th Cir. 1990)].  Contracts - Court must determine which state has the most substantial contacts with the parties and the subject matter of the action [Sheppard Pratt Physicians, P.A. v. Sakwa, 725 So.2d 755 (Miss. 1998)]