Court of Appeals Affirms Summary Judgment
June 01, 2012.The Wilkins Tipton litigation team of Carl Hagwood, Diane Pradat Pumphrey, Mike Coleman and Mary Frances England recently won summary judgment at the trial court level, and then had that decision affirmed by the Mississippi Court of Appeals.
In Hackler v. PHC-Cleveland et al, the plaintiff had filed a wrongful death claim alleging that the medical facility and the doctor defended by Wilkins Tipton had deviated from the standard of care which caused her infant daughter's death. The Bolivar County Circuit Court had granted summary judgment on a motion filed by the defendants which argued that the case should be dismissed because the plaintiff failed to designate a medical expert in a timely manner. Mr. Coleman wrote and argued that motion. The Court of Appeals affirmed that decision, and Ms. England drafted the brief to the Court of Appeals.