Mississippi Court of Appeals Affirms Dismissal of Personal Injury Lawsuit

The Mississippi Court of Appeals recently affirmed the dismissal of a personal injury lawsuit against one of the firm’s major transportation  clients.  [Click here for decision]. The plaintiff was seeking recovery against both the client and its driver for injuries sustained in a motor vehicle accident.  Bob Biggs and Stephen Stack successfully obtained dismissal of the lawsuit at the trial court level based upon the plaintiff’s failure to properly serve process on either the client or its driver.  The Court of Appeals agreed  that service was defective as to both defendants and that the plaintiff could show no good cause for his failure to properly serve them.  It therefore affirmed the decision.  The case is Hadley v. Fedex Ground Package Sys., 2019 Miss. App. LEXIS 178 (Miss. Ct. App. April 30, 2019).