Wesley Health System, LLC v. Estate of Jackie Katherine LoveAnnotate this Case
Edward Love filed a complaint against Wesley Health System, LLC (“Wesley”) alleging negligence, medical malpractice, and wrongful death of his wife, Jackie Katherine Love. A default judgment was entered against Wesley. The trial court denied Wesley’s motion to set aside the default judgment and entered a final judgment against Wesley awarding Love $1,784,715.18 in compensatory and punitive damages and attorney’s fees. Because the trial court erred by prohibiting Wesley from cross examining the process server on the disputed issue of whether process was served upon Wesley’s registered agent, the Mississippi Supreme Court reversed and remanded. Although the trial court’s prohibition of cross examination was reversible error and dispostive to the Supreme Court's decision, it further held that the trial court also erred by failing to apply the three-part balancing test articulated in "Woodruff v. Thames," (143 So. 3d 546, 552 (Miss. 2014)).