March 1, 2023

FormanWatkins Secures Summary Judgment for Major Retailer Client

FormanWatkins attorneys Vernon McFarland, Simine Reed, Courtney Hunt, and Jennifer Studebaker obtained summary judgment on behalf of a major retailer in relation to a personal injury case in Mississippi’s 10th Circuit Court District, on February 1, 2023.

After sustaining injuries from a rogue police officer’s use of excessive force, Plaintiff sued FormanWatkins’ client alleging negligence, negligent hiring and retention, negligent infliction of emotional distress, and civil conspiracy. Plaintiff alleged an employee of the retailer negligently called the police after witnessing the Plaintiff’s suspicious activity in the store.

The FormanWatkins’ team filed a motion for summary judgment, arguing its client was not liable because the police officer’s use of force was an intervening, superseding cause of the Plaintiff’s injuries.  The Court noted in its Order that “in his deposition testimony, Plaintiff admitted no retailer employee attempted to stop or detain him and that the police officer was the only person to assault him. Plaintiff has produced no evidence to support his claims.”  The Court granted summary judgment and dismissed the claims against FormanWatkins’ client.