Opinion
2019-M-01378-SCT
02-20-2020
Mississippi Baptist Health Systems Inc. and Mississippi Baptist Medical Center, Inc. v. Shemika Harris, Mother and Next Friend of Mekhi Jordan Ard, a Minor and Lakina Walker, Mother and Next Friend of Caleb Ard, a Minor and on Behalf of the Wrongful Death Beneficiaries of Roosevelt Ard, III
EN BANC
Hinds Circuit Court 1st District;
LC Case #: 25CI1:16-cv-00604-TTG;
Ruling Judge: Tomie Green;
Disposition: The Petition for Interlocutory Appeal filed by Mississippi Baptist Health Systems, Inc. and Mississippi Baptist Medical Center, Inc., is hereby granted solely to address MBMC's contention that the Beneficiaries' "claim against MBMC's nurses fails since there is no qualified or reliable opinion that the subject nursing care was the proximate cause of [Ard's] injuries." The claim pertaining to MBHS's "dismiss[al] without prejudice" is dismissed as untimely. The Petition is hereby denied with regard to all other claims. To Agree: Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Disagree: Kitchens and King, P.JJ. To Deny Part I and Agree with Parts II and III: Randolph, C.J. Order entered.