Summers v. St. Andrews Episcopal Sch., Inc.

Docket Number:	1999-CA-00198-SCT

Supreme Court:	Opinion Date: 05-11-2000 Opinion Author: SMITH, JUSTICE Holding: Affirmed in Part, Reversed and Remanded in Part

Additional Case Information:	Judge(s) Concurring: PRATHER, C.J., MILLS, WALLER AND COBB, JJ. Judge(s) Concurring Separately: McRAE, J., PITTMAN, P.J. Non Participating Judge(s): BANKS, P.J., AND DIAZ, J. Dissenting Author : McRAE, J. Dissent Joined By : PITTMAN, P.J. Procedural History: Dismissal Nature of the Case: Personal Injury

Trial Court:	Date of Trial Judgment: 10-12-1998 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: Prior to any actions requiring court intervention, the plaintiffs filed a Motion for Recusal based upon Dr. Summers' prior history with Circuit Judge W. Swan Yerger. Judge Yerger declined to recuse. Judge Yerger also granted St. Andrew's Motion for Partial Summary Judgment on the claims of the parents on August 14, 1997. On October 1, 1998, Judge Yerger dismissed the remaining claim of Dorothy Nicole Summers.

Note:	McRAE, J., CONCURS IN PART AND DISSENTS IN PART WITH SEPARATE WRITTEN OPINION JOINED BY PITTMAN, P.J.

	Party Name:	Attorney Name:
Appellant:	DOROTHY NICOLE SUMMERS, BY AND THROUGH HER NEXT FRIEND, JOHNNIE DAWSON, JOHNNIE DAWSON AND TIMOTHY SUMMERS, M.D.	GAIL WRIGHT LOWERY

Appellee:	ST. ANDREW'S EPISCOPAL SCHOOL, INC.	JAMES A. KEITH CHARLES EDWIN ROSS KIMBERLY N. HOWLAND ELIZABETH ROBBINS LEE

Mississippi College School of Law