Court Cites Lack of Experts in Dismissing Tenants' Lawsuit

JACKSON, Miss. - Mississippi's Court of Appeals ruled on Sept. 4 that a homeowner's failure to retain experts who could offer evidence of causation required dismissal of claims against landlord defendants. Hosey, et al. v. Mediamolle, et al., No. 2006-CA-00632-COA (Miss. Ct. App.).

The court also rejected plaintiffs' assertion that the trial court's failure to retain a trial reporter during the dismissal hearing was error. The court said that it found "no applicable rule justifying the adoption of such a mandatory transcription rule for dispositive motion hearings."

Bobbie Hosey, Estella Pearson and Daniel Parker alleged in a lawsuit filed on …