Caves v. Yarbrough

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that stare decisis required adherence to a judicially created discovery rule under the MTCA, where the Legislature had reenacted the statute in question without countermanding this Court’s prior interpretations
• holding that stare decisis required adherence to a judicially created discovery rule under the MTCA, where the Legislature had reenacted the statute in question without countermanding this Court’s prior interpretations
• holding that “the Mississippi wrongful-death statute . . . encompasses all claims – including survival claims which could have been brought by the decedent, wrongful-death claims, estate claims, and other claims.”
• “[T]he incorrect interpretation becomes a correct interpretation because of the Legislature’s tacit adopt of the prior interpretation into the amended or reenacted statute.”
• “where death is not an immediate result of the tort, the limitation periods for the various kinds of claims may not begin to run at the same time.”
• “we therefore shall continue to recognize a discovery rule with respect to Section 11-46-11(3)”

Source: CourtListener parenthetical corpus (CC0).