Successful Outcome in Mississippi Appeal

Fred Krutz, Edwin S. Gault, Jr. and Jennifer J. Skipper, obtained an appellate victory in Clark Sand, et al v. Ruby Kelley, No. 2008-IA-01437-SCT (Miss. 2010).  The Mississippi Supreme Court reversed and rendered the trial court's denial of summary judgment for three clients who had challenged the appropriateness of Kelley filing the wrongful death action.  The Supreme Court found Kelley lacked standing to file suit on behalf of the decedent and therefore summary judgment should have been granted on their behalf. For the first time in Mississippi jurisprudence, the Court defined exactly what an "interested party" is under the wrongful death statute.   To read the entire opinion, click here.