vicarious liability claim (Mississippi) · Go Syfert
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vicarious liability claim in Mississippi

12 Mississippi opinions name it 2 courts 2004–2023 2 in the last five years

The cases below were cited by Mississippi courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
J & J TIMBER CO. v. Broomegreen
miss · 2006 · cited in 8 Mississippi opinions naming this issue, 2006–2023
2 sentences

2023Four days before trial, this Court handed down an opinion, that overruled previous precedent and held that “[w]here 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.” J & J Timber Co. v. Broome, 932 So. 2d 1, 6 (Miss. 2006).

2020See J & J Timber Co. v. Broome, 932 So. 2d 1, 6 (¶21) (Miss. 2006) (“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.”). 16 see Miss.

48
Wisconsin Lumber Co. v. State ex rel. Gillespiegreen
· 1910 · cited in 2 Mississippi opinions naming this issue, 2006–2009
2 sentences

2009However, Wisconsin Lumber is authority for the legal proposition that the “validity and obligation” of any contract cannot be “impaired by any” Mississippi court decision “altering the construction of the law.” Wisconsin Lumber, 54 So. at 249-50 (citations omitted).

2006However, Wisconsin Lumber is authority for the legal proposition that the “validity and obligation” of any contract cannot be “impaired by any” Mississippi court decision “altering the construction of the law.” Wisconsin Lumber, 54 So. at 249-50 (citations omitted).

22
Granquist v. Crystal Springs Lumber Co.green
· 1941 · cited in 2 Mississippi opinions naming this issue, 2006–2008
2 sentences

2008The plaintiff thus would end up paying her own judgment, thereby creating the `circle of indemnity.' Therefore, if a settlement agreement does not specifically state that it is preserving a claim against another defendant for vicarious liability for the tortfeasor, the result is that the agreement may extinguish claims against the remaining defendant as a matter of law." [5] However, before the circuit court ruled on the motion, this Court handed down J & J Timber Co. v. Broome, 932 So.2d 1 (Miss. 2006), which disallowed maintaining a vicarious liability claim against an employer if the employ

2008The plaintiff thus would end up paying her own judgment, thereby creating the `circle of indemnity.' Therefore, if a settlement agreement does not specifically state that it is preserving a claim against another defendant for vicarious liability for the tortfeasor, the result is that the agreement may extinguish claims against the remaining defendant as a matter of law." [5] However, before the circuit court ruled on the motion, this Court handed down J & J Timber Co. v. Broome, 932 So.2d 1 (Miss. 2006), which disallowed maintaining a vicarious liability claim against an employer if the employ

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
WJ Runyon & Son, Inc. v. Davis green
miss · 1992
2 sentences

2006Contrary to this Court's assertion in Runyon, 605 So.2d at 43 , eliminating the circuity of action that arises from an injured party's vicarious liability claim against an employer when the negligent employee has been released actually encourages settlement and promotes finality in actions.

2004Contrary to this Court’s assertion in Runyon, 605 So.2d at 43 , eliminating the circuity of action that arises from an injured party’s vicarious liability claim against an employer when the negligent employee has been released actually encourages settlement and promotes finality in actions.

42004–2008
Richardson v. APAC-Mississippi, Inc. green
miss · 1994
2 sentences

2008The plaintiff thus would end up paying her own judgment, thereby creating the `circle of indemnity.' Therefore, if a settlement agreement does not specifically state that it is preserving a claim against another defendant for vicarious liability for the tortfeasor, the result is that the agreement may extinguish claims against the remaining defendant as a matter of law." [5] However, before the circuit court ruled on the motion, this Court handed down J & J Timber Co. v. Broome, 932 So.2d 1 (Miss. 2006), which disallowed maintaining a vicarious liability claim against an employer if the employ

2006This Court must either affirm the existing settlement agreement with Dr. Bush and acknowledge that the Minor’s 5 However, before the circuit court ruled on the motion, this Court handed down J&J Timber Co. v. Broome, 932 So. 2d 1 (Miss. 2006), which disallowed maintaining a vicarious liability claim against an employer if the employee has been released. 6 See Granquist v. Crystal Springs Lumber Co., 190 Miss. 572 , 1 So. 2d 216, 218 (1941); Richardson v. APAC-Mississippi, Inc, 631 So. 2d 143 (Miss. 1994); and W.J.

22006–2008
Roman Catholic Diocese of Jackson v. Morrison green
miss · 2005
1 sentence

2021Morrison, 905 So. 2d at 1226 .

12021–2021
Whitaker v. T & M FOODS, LTD. green
missctapp · 2007
1 sentence

2008Lastly, Dr. Bush further contends that our decision in Whitaker v. T & M Foods, Ltd., No.2006-CA-01365-COA, ___ So.2d ___, 2007 WL 2772001 (Miss.Ct.

12008–2008

Where else courts name it

TX 51 (2002–2026) NY 28 (1972–2026) FL 26 (1977–2024) MI 24 (1980–2025) IL 21 (1976–2026) CA 16 (1978–2017) PA 16 (1987–2021) TN 15 (1966–2025) IN 15 (1979–2025) NJ 14 (1993–2026) AZ 13 (1992–2025) CT 13 (1999–2024) MS 12 (2004–2023) GA 12 (2000–2023) OH 11 (2005–2025) LA 8 (2004–2025) WI 8 (1996–2025) CO 7 (1968–2021) MO 7 (1995–2024) IA 7 (1991–2026) NV 6 (1978–2021) MN 6 (1961–2024) MD 4 (2013–2026) DE 4 (2015–2020) AL 4 (2005–2025) KS 4 (1983–2022) NM 4 (2012–2023) DC 4 (1997–2020) WY 3 (2001–2025) MA 3 (1983–2023) AK 3 (1980–2002) WA 3 (2013–2025) SD 3 (2000–2012) WV 3 (2001–2024) VA 3 (2005–2018) OR 2 (2008–2009) NH 2 (2006–2009) NC 2 (1999–2002) ME 2 (2009–2010) KY 2 (2001–2006) UT 2 (2011–2023) AR 2 (2013–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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