 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Rice v. Perma Corp.8/9/2005
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
DISPOSITION: AFFIRMED - 08/09/2005
BEFORE BRIDGES, P.J., CHANDLER AND ISHEE, JJ.
. On May 2, 2000, several individuals filed a complaint against Perma Corporation in the Circuit Court of Noxubee County asserting various claims of negligence and breach of contract for illnesses suffered following their consumption of allegedly contaminated water. Perma Corp. filed a motion for summary judgment, and a hearing on that motion was scheduled for July 9, 2003. On July 8, the day before said hearing, the plaintiffs filed their response to Perma Corp.'s summary judgment motion, providing therewith the purported expert affidavit of Dr. Debra Gabriel. The plaintiffs had not previously designated Dr. Gabriel as an expert witness, so they also submitted a supplemental designation of experts. Perma Corp. subsequently filed motions requesting that the court strike the plaintiffs' response to their summary judgment motion as well as the plaintiffs' supplemental designation of experts and the affidavit of Dr. Gabriel.
. On July 30, 2003, the lower court granted Perma Corp.'s motions to strike and entered a final judgment of dismissal with prejudice in favor of Perma Corp. The plaintiffs did not receive notice thereof until September 8, so on September 19, they filed a motion to reopen the time for appeal. The court granted the plaintiffs' motion, and they have appealed to this Court raising two issues:
I. DID THE TRIAL COURT COMMIT REVERSIBLE ERROR IN GRANTING PERMA CORP.'S MOTION FOR SUMMARY JUDGMENT?
II. DID THE TRIAL COURT COMMIT REVERSIBLE ERROR IN GRANTING PERMA CORP.'S MOTIONS TO STRIKE THE PLAINTIFFS' SUPPLEMENTAL DESIGNATION OF EXPERTS AND EXPERT WITNESS AFFIDAVIT?
. Aggrieved by the decision of the lower court to grant the plaintiffs' motion to reopen the time for appeal, Perma Corp. filed a cross-appeal, raising therein the following issue:
III. DID THE TRIAL COURT COMMIT REVERSIBLE ERROR IN REOPENING THE TIME IN WHICH THE PLAINTIFFS COULD FILE A NOTICE OF APPEAL?
. Finding Perma Corp.'s cross-appeal well-founded, we conclude that this Court lacks jurisdiction to consider the issues advanced herein by the plaintiffs.
FACTS AND PROCEDURAL HISTORY
. In April of 1999, the City of Macon, Mississippi, contracted with Perma Corp. to install a sewer line extension to the Cedar Creek community east of the city. Cedar Creek was supplied water by way of numerous two-inch plastic pipes, and one these pipes was inadvertently damaged by a Perma Corp. employee while digging the new sewer line. The pipe was subsequently repaired, and the city's water supply was tested for contamination. During said testing, the city issued a boil water notice, which was published in the local newspaper, broadcast on the radio, and hand delivered to those living in the Cedar Creek community. The test results, however, confirmed that the water supply was free of any and all contaminants.
. Several members of the Cedar Creek community, specifically Annie Pearl Rice, J.B. Brown, Minnie Hopkins, Deasia Hill, by and through her mother and next of friend, Cassandra Hill, Willie Brown, Brenda Roby, Bobbie Jean Robie, Antonio Roby, by and through his next of friend, Bobbie Jean Roby, Molly Foote, Julia M. Foote, Ruthie Cockrell, and Marvin Cockrell (hereinafter collectively referred to as "claimants"), filed a complaint in the Circuit Court of Noxubee County alleging that Perma Corp. caused contaminants to enter the public water system for the City of Macon, which served the Cedar Creek community, and upon consuming said contaminated water, the cla
Page 1 2 3 Mississippi Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|