· 5/4/2006
J & J TIMBER CO. v. Broome
Citations
- 932 So. 2d 1
- 2006 WL 1171990
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- adopting the rule of “[a] majority of states . . . that the release of a tortfeasor thereby releases the tortfeasor’s principal for all claims of vicarious liability, despite any reservation of rights”
- where an underlying personal injury claim has been disposed of, a loss of consortium claim 10 cannot be maintained
- where an underlying personal injury claim has been disposed of, a loss of consortium claim cannot be maintained
- “Mississippi law dictates that if the underlying personal injury claim is disposed of, the loss of consortium claim cannot be maintained on its own.”
- “Where a party’s suit against an employer is based on respondeat superior, the vicarious liability claim itself is extinguished when the solely negligent employee is released.”
- “Loss of consortium is . . . derivative, and Mississippi law dictates that if the underlying personal injury claim is disposed of, the loss of consortium claim cannot be maintained on its own.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Smith, C.J., Carlson and Dickinson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.