Pearl River County Bd. of Sup'rs v. South East Collections Agency, Inc., No. 55151
| Court | United States State Supreme Court of Mississippi |
| Writing for the Court | PRATHER; PATTERSON |
| Citation | 459 So.2d 783 |
| Parties | PEARL RIVER COUNTY BOARD OF SUPERVISORS, L.K. Sones, G.W. Moody, E.M. Clark, Glenn Dossett and Hollis O. Mitchell v. SOUTH EAST COLLECTIONS AGENCY, INC., d/b/a South East Collections. |
| Docket Number | No. 55151 |
| Decision Date | 31 October 1984 |
Page 783
Moody, E.M. Clark, Glenn Dossett and Hollis O.
Mitchell
v.
SOUTH EAST COLLECTIONS AGENCY, INC., d/b/a South East
Collections.
Page 784
James Lonnie Smith, Williams, Smith & Stockstill, Picayune, for appellants.
James R. Hayden, Hattiesburg, for appellee.
Before WALKER, P.J., and PRATHER and SULLIVAN, JJ.
PRATHER, Justice, for the Court:
This is an appeal from an order of the Circuit Court of Pearl River County granting summary judgment in favor of the appellee, South East Collections Agency, Inc., and against the appellant, the Pearl River County Board of Supervisors, in the amount of $14,591.70.
Pearl River appeals, assigning as error:
(1) The circuit court erred in granting summary judgment because genuine issues of material fact existed in the case.
(2) The circuit court erred in granting summary judgment because South East Collections was not entitled to judgment as a matter of law.
On September 15, 1979, Roby Mason was arrested by a Mississippi State Highway Patrolman. Mason was charged with driving under the influence and possession of marijuana. Mason was incarcerated in the City Jail of Picayune, Mississippi.
On September 19, 1979, Mason received a gunshot wound while in his cell. Mason was hospitalized in the Lucius Olen Crosby Memorial Hospital in Picayune, Mississippi. Mason was under the care of Dr. Thomas Purser from September 19, 1979 until November 15, 1979, incurring expenses for medical treatment of $14,591.70.
Southeast Collections, Inc., the assignee of Crosby Memorial Hospital, brought suit against the Pearl River County Board of Supervisors seeking judgment in the amount of $14,591.70. The circuit court was of the opinion that the case presented no material issues of fact, "but rather a strict interpretation of the law as defined by section 47-1-59 of the Mississippi Code of 1972, as amended." The court accordingly granted summary judgment in favor of Southeast Collections, relying upon Miss. Code Ann. Sec. 47-1-59 (1981), which provides:
(1) When the sheriff, marshal or any other peace officer of this state has in his lawful custody a prisoner who, through accident, injury or illness, is in need of hospitalization, such officer may take such prisoner to the nearest hospital ... and if upon arrival at such hospital any physician licensed to practice medicine in this state certifies that in his opinion such prisoner is in need of hospitalization, such prisoner shall be hospitalized in such hospital for as long as in the opinion of such physician it is necessary...
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Palmer v. Biloxi Regional Medical Center, Inc., No. 07-CA-58671
...Sanders, 485 So.2d 1051, 1054 (Miss.1986), cited in Fruchter, 522 So.2d at 198; see also Pearl River County Bd. v. South E. Collection, 459 So.2d 783, 785 (Miss.1984). The movant bears the burden of production if, at trial, he "would [bear] the burden of proof on th[e] issue" raised. Webste......
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Young v. Jackson, No. 89-CA-0249
...Columbus Ruber and Gasket Co., 535 So.2d 61, 63 (Miss.1988); Pearl River County Bd. of Supervisors v. Southeast Collections Agency, Inc., 459 So.2d 783, 785 (Miss.1984). To obtain summary judgment these Defendants, as Movants and affirmative pleaders of the defense of qualified privilege, w......
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Pursue Energy Corp. v. Perkins, No. 07-CA-58744
...Smith v. First Fed. Sav. & Loan Ass'n of Grenada, 460 So.2d 786, 792 (Miss.1984); Pearl River County Bd. v. South E. Collection, 459 So.2d 783, 785 (Miss.1984); see also FED.R.CIV.P. 56; Celotex Corp. v. Catrett, 477 U.S. 317, 322-24, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265, 273 (1986); Tra......
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Sperry-New Holland, a Div. of Sperry Corp. v. Prestage, SPERRY-NEW
...608 So.2d 1135, 1138 (Miss.1992); Lovett v. Anderson, 573 So.2d 758, 760 (Miss.1990); Pearl River Cty. Bd. v. South East Collections, 459 So.2d 783, 784-785 (Miss.1984); Pittman v. Home Indem. Co., 411 So.2d 87, 89 (Miss.1982) (citing Paymaster Oil Miss Co. v. Mitchell, 319 So.2d 652 This C......
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Palmer v. Biloxi Regional Medical Center, Inc., No. 07-CA-58671
...Sanders, 485 So.2d 1051, 1054 (Miss.1986), cited in Fruchter, 522 So.2d at 198; see also Pearl River County Bd. v. South E. Collection, 459 So.2d 783, 785 (Miss.1984). The movant bears the burden of production if, at trial, he "would [bear] the burden of proof on th[e] issue" raised. Webste......
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Young v. Jackson, No. 89-CA-0249
...Columbus Ruber and Gasket Co., 535 So.2d 61, 63 (Miss.1988); Pearl River County Bd. of Supervisors v. Southeast Collections Agency, Inc., 459 So.2d 783, 785 (Miss.1984). To obtain summary judgment these Defendants, as Movants and affirmative pleaders of the defense of qualified privilege, w......
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Pursue Energy Corp. v. Perkins, No. 07-CA-58744
...Smith v. First Fed. Sav. & Loan Ass'n of Grenada, 460 So.2d 786, 792 (Miss.1984); Pearl River County Bd. v. South E. Collection, 459 So.2d 783, 785 (Miss.1984); see also FED.R.CIV.P. 56; Celotex Corp. v. Catrett, 477 U.S. 317, 322-24, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265, 273 (1986); Tra......
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Sperry-New Holland, a Div. of Sperry Corp. v. Prestage, SPERRY-NEW
...608 So.2d 1135, 1138 (Miss.1992); Lovett v. Anderson, 573 So.2d 758, 760 (Miss.1990); Pearl River Cty. Bd. v. South East Collections, 459 So.2d 783, 784-785 (Miss.1984); Pittman v. Home Indem. Co., 411 So.2d 87, 89 (Miss.1982) (citing Paymaster Oil Miss Co. v. Mitchell, 319 So.2d 652 This C......