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· 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 CourtListener

Sourced 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.