Jay Foster's Blog

Hurricane Katrina Supreme Court Case

Hurricane Katrina Supreme Court Case

by Jay Foster, Mississippi Car Wreck Attorney

While many have written that the recent ruling by the Mississippi Supreme Court is a "landmark" decision, I would disagree.  This ruling merely confirms what has been the law in Mississippi for over 50 years.

The current Supreme Court would have had to overrule 50 plus years of case law to decide it any other way.  How do I know this?  After Katrina, I lost my home, car, and clothes.  I sat down and did nothing but read and analyze cases involving windstorms for approximately 17 hours straight.  I read every case that has ever been written by our Supreme Court about windstorms, floods, and hurricanes.

In any event, here is the recent decision in a nutshell: the insurance companies lawyers argued that even if 95% of your house was destroyed by a tornado, you had no insurance coverage if a flood came an hour later and destroyed the other 5% of your house.  Of course, such tortured logic violates common sense and reason but I can tell you having represented insurance companies and having dealt with them on the side of injured victims, common sense usually flies out the window.  As a result, our Supreme Court merely confirmed that this type of logic is legally incorrect.

If you have questions about this or any personal injury, please call or email Jay Foster right now by clicking here.

Hurricane Katrina Supreme Court Case

Mississippi Hurricane Katrina Supreme Court Ruling

by Jay Foster, Mississippi Car Wreck Attorney

The Mississippi Supreme Court issued its opinion in the Margaret and Magruder Corban v. USAA Insurance Company case.  I will post the case online for everyone to read. It will be located in our library section.

If you have questions about this or any other car wreck, please call or email Mississippi Car Wreck Attorney Jay Foster right now by clicking here.

Wind versus Water: Insurance

Hurricane Insurance Claims 

by Jay Foster, Mississippi Attorney

In the history of the State of Mississippi, the idea that an insurance company could try and deny wind coverage because a flood also happened at the same time was not only against the law but it was preposterous.  However, given the election of a number of insurance company lawyers to our Courts, including our Supreme Court, the idea is not so preposterous.

The Mississippi Supreme Court recently had oral arguments on this debate.  You can view the video for the debate by clicking here.

We will watch closely to see how the decision comes out.

If you have questions about this or any other personal injury matter, please call or email Mississippi CAttorney Jay Foster right now by clicking here.

Hurricane Katrina

Mississippi Insurance Issues - Hurricane Katrina

by Jay Foster, Mississippi Car Wreck Attorney

It has long be the law in this State,  since before I was born, that insurance companies cannot use a flood or water clause in an insurance policy to deny coverage completely (an anti-concurrent clause).  The homeowner in a hurricane or natural disaster event just needs to show that wind was the proximate or efficient cause of the loss or damage notwithstanding other factors contributed to the loss.  If the facts are in dispute then it is up to a jury to decide the issues.

Currently, the Mississippi Supreme Court has a case which is going to affect not only the current Hurricane Katrina cases but future Hurricane Katrina cases if they decide to overrule this many decades long precedent.

The case is Corban v. USAA Insurance Company.  There is no doubt in my mind based on the case law that the insurance company's argument is a loser.  I have represented insurance companies before I started representing personal injury victims and that is the advice I would give the insurance company.  However, the question is, since the insurance companies have poured millions of dollars into Supreme Court races and elected several of the Judges on our Supreme Court, will the Judges abide by precedent?  Or will the Judges overrule decades long precedent and become activist Judges?

As I always say, watch out who you vote for as many politicians and Judges that we Mississippians elect favor insurance companies.

This case is set for Oral Argument on Tuesday, June 9, 2009, at the Mississippi Supreme Court in Jackson.  The public can attend and I urge you to go if you can.

If you have questions about this, please call or email Mississippi Car Wreck Attorney Jay Foster right now by clicking here.

MS Workers Compensation Accident

Mississippi Workers Compensation Accident - "Workmans Comp" - Medical Proof

by Jay Foster, Mississippi Worker’s Compensation Attorney

As we have talked about in our frequently asked questions, news, and library many times, a worker who is injured at work in a worker's compensation accident must have medical proof.  If an injured worker does not have proof through a doctor will say that their injuries were related to the accident, the case will be lost.  There simply is no exception to this rule.

In deciding a worker's compensation case today, Clark v. Spherion Corporation, the Mississippi Court of Appeals reaffirmed this long-standing rule and denied the injured worker treatment and benefits for the accident.  Of course, at our offices we agree with this rule.  Simply put, we agree that if a doctor will not related an injured worker's injuries to the accident that happened at work, then benefits and treatment should be denied.  What amazes us is that after all this time, we still have lawyers taking cases to trial that are clearly loser cases.

If you are an injured worker and your doctor has not told you that your injuries are related to the accident, then you need to ask him or her.  At a minimum, certainly, ask your lawyer if the medical records show your injury was related to the accident.

If you have questions about this or any other car wreck, please call or email Mississippi Worker’s Compensation Attorney Jay Foster right now by clicking here.

Car Wreck In Biloxi, Mississippi

Mississippi Car Wreck or Accident - Wreck In Biloxi, Mississippi

by Jay Foster, Mississippi Car Wreck Attorney

A car wreck in Biloxi, Mississippi has backed up traffic and caused injuries.  The wreck is near Camellia Street.  One of the cars was in flames.

If you have questions about this or any other car wreck, please call or email Mississippi Car Wreck Attorney Jay Foster right now by clicking here.

Deadly Car Crash in Biloxi

Deadly Car Crash In Biloxi

Tracey and Jennifer Porter Killed In Wreck

Tracey Porter and Jennifer Porter Killed In Mississippi Car Wreck

Car Wreck Deaths In Moss Point

Car Wreck Deaths In Moss Point, Mississippi

Fatal Car Wreck

Deadly Car Wreck

MS Car Wreck or Accident - Another Death

Mississippi Car Wreck or Accident - Picayune, Mississippi Deaths

by Jay Foster, Mississippi Car Wreck Attorney

David Landry and Cleo Shedd, residents of Picayune, Mississippi both died in a wreck.  The accident happened on Interstate 59 in Pearl River County, Mississippi.

If you have questions about this or any other car wreck, please call or email Mississippi Car Wreck Attorney Jay Foster right now by clicking here.

MS Car Wreck or Accident - Death Involving 18 Wheeler

Mississippi Car Wreck or Accident - Another Unfortunate Death

by Jay Foster, Mississippi Car Wreck Attorney

Eric Compton, an Iuka, Mississippi resident, was killed in a car wreck on Highway 72.

Compton apparently rear-ended an 18-wheeler in Alcorn County, Mississippi.  Our thoughts and prayers are with his family. 

If you have questions about this or any other car wreck, please call or email Mississippi Car Wreck Attorney Jay Foster right now by clicking here.

MS Car Wreck or Accident - DUI Death

Mississippi Car Wreck or Accident - Autumn Daly Dies In Wreck 

by Jay Foster, Mississippi Car Wreck Attorney

Charles E. Carter caused the death of a woman, Autumn Daly, when he wrecked his car on August 19, 2009.  Carter was arrested for driving under the influence, DUI, after the accident.  Carter is a Harrison County, Mississippi resident.  Daly died at the scene of the accident.

Our thoughts and prayers are with Autumn Daly's friends and family.

If you have questions about this or any other car wreck, please call or email Mississippi Car Wreck Attorney Jay Foster right now by clicking here.

MS Car Wreck or Accident - Grandmother Dies

Mississippi Car Wreck or Accident - Grandmother Dies 

by Jay Foster, Mississippi Car Wreck Attorney

Carol Woods, a Jackson County resident, was killed after she sustained injuries from a wreck.  Her Grandson, Robert Woods, was driving a Chevrolet van when he turned in front of a Nissan Truck.  Ms. Woods was taken to Ocean Springs Hospital but unfortunately, she died as a result of the accident.  Our thoughts and prayers go out to the families of all parties involved in this tragedy. 

If you have questions about this or any other car wreck, please call or email Mississippi Car Wreck Attorney Jay Foster right now by clicking here.

MS Car Wreck or Accident - Another Death

Mississippi Car Wreck or Accident - David Parker McDonald Killed 

by Jay Foster, Mississippi Car Wreck Attorney

David Parker McDonald, a Pascagoula, Mississippi resident, died over the weekend.  His death was due to a car wreck.  According to the Jackson County Mississippi Sheriff's Department, McDonald cross the center line and caused the wreck by crashing head-on into another car. At this time, it is unknown if the driver of the other vehicle was injured.

If you have questions about this or any other car wreck, please call or email Mississippi Car Wreck Attorney Jay Foster right now by clicking here.

MS Car Wreck or Accident - Wreck Due to Drugs

Mississippi Car Wreck or Accident - Wreck Due to Drugs 

by Jay Foster, Mississippi Car Wreck Attorney

Tasha Caudillo, the Mother who was driving her children and her mother, when she crashed into a ditch and sunk was on drugs at the time.  The wreck occurred near the Pascagoula River Bridge in Jackson County, Mississippi.  Unfortunately, Ms. Caudillo died in the wreck.  At the time of the car wreck she was driving 64.75 miles per hour in a 45 mph zone.  Fortunately, her children and mother lived.  Our thoughts and prayers are with the family.

If you have questions about this or any other car wreck, please call or email Mississippi Car Wreck Attorney Jay Foster right now by clicking here.

MS Car Wreck or Accident - DUI Death

Mississippi Car Wreck or Accident - DUI Death 

by Jay Foster, Mississippi Car Wreck Attorney

We have another unfortunate death from drunken driving.  Angel Angulo Quintana of Pascagoula, Mississippi was killed in a drunken driving wreck in Pascagoula at the intersection of Chicot Road and Highway 90.  The drunken driver, Orlando Pereira Martinez, of Gautier, Mississippi was arrested and charged with two counts of felong DUI causing deaths.

If you have questions about this or any other car wreck, please call or email Mississippi Car Wreck Attorney Jay Foster right now by clicking here.

MS Car Wreck or Accident - Another Death

Mississippi Car Wreck or Accident - Another Death 

by Jay Foster, Mississippi Car Wreck Attorney

A car wreck in Long Beach, Mississippi resulted in another unfortunate death.  Our blog will give updated information as soon as it becomes available.

If you have questions about this or any other car wreck, please call or email Mississippi Car Wreck Attorney Jay Foster right now by clicking here.

MS Car Wreck or Accident - Death

Mississippi Car Wreck or Accident - Death 

by Jay Foster, Mississippi Car Wreck Attorney

A Clinton, Mississippi couple were killed after wrecking their car into a tree.  They were taken to the University of Mississippi Medical Center in Jackson, Mississippi but unfortunately neither of them survived. 

If you have questions about this or any other car wreck, please call or email Mississippi Car Wreck Attorney Jay Foster right now by clicking here.

 

MS Car Wreck or Accident - Casey Aldridge

Mississippi Car Wreck or Accident - Casey Aldridge 

by Jay Foster, Mississippi Car Wreck Attorney

Casey Aldridge, boyfriend of Jamie Lynn Spears, is walking after his car wreck.

If you have questions about this or any other car wreck, please call or email Mississippi Car Wreck Attorney Jay Foster right now by clicking here.

MS Car Wreck or Accident - Casey Aldridge

Mississippi Car Wreck or Accident - Casey Aldridge 

by Jay Foster, Mississippi Car Wreck Attorney

Casey Aldridge, Jamie Lynn Spears' boyfriend, sustained a fractured skull in a car wreck.  He suffered mild brain trauma but is expected to have a full recovered from the accident.

If you have questions about this or any other car wreck, please call or email Mississippi Car Wreck Attorney Jay Foster right now by clicking here.

MS Car Wreck or Accident - Death

Mississippi Car Wreck or Accident - Death 

by Jay Foster, Mississippi Car Wreck Attorney

The driver in the car wreck on Interstate 10 in Ocean Springs, Mississippi that caused the death of a male driver has now been identified.  The driver was Jamie Mallette D'Iberville, Mississippi.  The coroner indicated that head injuries caused the death.  Our thoughts and prayers are with his family and friends.

If you have questions about this or any other car wreck, please call or email Mississippi Car Wreck Attorney Jay Foster right now by clicking here.

MS Car Wreck or Accident - Casey Aldridge

Mississippi Car Wreck or Accident - Casey Aldridge 

by Jay Foster, Mississippi Car Wreck Attorney

Jamie Lynn-Spears boyfriend and father of her child was in a serious car wreck.  He is currently in the hospital.

If you have questions about this or any other car wreck, please call or email Mississippi Car Wreck Attorney Jay Foster right now by clicking here.

MS Car Wreck or Accident - Policeman Injured

Mississippi Car Wreck or Accident - Jackson, Mississippi Police Officer Injured

by Jay Foster, Mississippi Car Wreck Attorney

On Interstate 20 in Jackson, Mississippi, a police officer with the Jackson, Mississippi Police Department was injured.  Officer Ella Small, a Jackson Motorcycle Officer, was involved in a funeral when the crash between his motorcyle and the car happened.  We hope the officer recovers from the accident fully.

If you have questions about this or any other car wreck, please call or email Mississippi Car Wreck Attorney Jay Foster right now by clicking here.

MS Car Wreck or Accident - Death

Mississippi Car Wreck or Accident -

by Jay Foster, Mississippi Car Wreck Attorney

At Exit 50 on Interstate 10 which is the Ocean Springs, Mississippi, exit, a car wreck caused a death.  A male died when he ran into the median and crashed into a tree.

If you have questions about this or any other car wreck, please call or email Mississippi Car Wreck Attorney Jay Foster right now by clicking here.