Lexplug logoLexplug

Laney v. Vance

Supreme Court of Mississippi
112 So. 3d 1079 (2013)
ELI5:

Rule of Law:

Under Mississippi law, a jury instruction permitting recovery for the abstract "value of life" constitutes reversible error, as it is equivalent to prohibited hedonic damages for "loss of enjoyment of life" in a wrongful death action.


Facts:

  • On July 13, 2005, Mamie Vance Hemphill was admitted to St. Dominic’s Hospital with multiple ailments, including end-stage renal disease and probable sepsis from her dialysis catheter.
  • The catheter was Hemphill's only access for dialysis.
  • Dr. Charles H. Laney treated Hemphill with antibiotics but opted to leave the potentially infected catheter in place to continue necessary dialysis.
  • Hemphill initially responded well to the antibiotics, but her condition worsened on July 16, 2005, when her blood pressure dropped and she experienced abdominal pain.
  • While doctors were planning to remove the catheter and run more tests, Hemphill went into cardiopulmonary arrest and could not be revived.

Procedural Posture:

  • Martin Vance, on behalf of Mamie Vance Hemphill, filed a medical malpractice and wrongful death action against Dr. Charles H. Laney and others in a Mississippi trial court.
  • All defendants except Dr. Laney were dismissed before trial.
  • Following a trial, the jury returned a verdict for Vance, awarding $1,000,000 in damages.
  • Dr. Laney, as appellant, filed an appeal of the verdict and judgment to the Supreme Court of Mississippi.

Locked

Premium Content

Subscribe to Lexplug to view the complete brief

You're viewing a preview with Rule of Law, Facts, and Procedural Posture

Issue:

Does a jury instruction allowing damages for 'the value of the life' of the deceased, combined with counsel's prejudicial closing arguments, constitute reversible error in a wrongful death action under Mississippi law?


Opinions:

Majority - Pierce, J.

Yes, a jury instruction allowing damages for the 'value of life' of the deceased, combined with counsel's prejudicial closing arguments, constitutes reversible error. Mississippi Code Section 11-1-69(2) explicitly bars recovery for 'loss of enjoyment of life caused by death,' which the court considers synonymous with damages for the 'value of life.' The court found that instructing the jury to consider the 'value of the life of Mamie Vance Hemphill' was a reversible error based on this statute. Furthermore, the plaintiff's counsel's closing arguments, which invoked comparisons to Nazi Germany and described the jury as the 'line between tyranny and democracy,' were deemed improper and prejudicial, contributing to the need for a new trial.



Analysis:

This decision reinforces the strict statutory limitations on damages in Mississippi wrongful death actions, particularly the prohibition on hedonic damages. It serves as a clear warning to trial courts and attorneys that jury instructions and closing arguments must align with the specific categories of damages permitted by statute. The ruling underscores that even an imperfectly preserved objection may not prevent reversal when a jury instruction flatly contradicts a clear legislative mandate, especially when coupled with inflammatory and prejudicial rhetoric from counsel during closing arguments.

🤖 Gunnerbot:
Query Laney v. Vance (2013) directly. You can ask questions about any aspect of the case. If it's in the case, Gunnerbot will know.
Locked
Subscribe to Lexplug to chat with the Gunnerbot about this case.

Unlock the full brief for Laney v. Vance