Sanders v. Magnolia Regional Health Center, 1:18-CV-176-SA-DAS. (2019)
Court: District Court, N.D. Mississippi
Number: infdco20190228b85
Visitors: 15
Filed: Feb. 27, 2019
Latest Update: Feb. 27, 2019
Summary: ORDER SHARION AYCOCK , District Judge . The Plaintiff filed her Complaint [1] under the Mississippi Tort Claims Act, in this Court on September 17, 2018, against Magnolia Regional Health Center. In her Complaint [1] the Plaintiff asserts diversity jurisdiction and includes a jury demand. Now before the Court is the Defendant's unopposed Motion for a Bench Trial [5] pursuant to Mississippi Code 11-46-13(1). In relevant part, 11-46-13(1) states that "the judge of the appropriate court sh
Summary: ORDER SHARION AYCOCK , District Judge . The Plaintiff filed her Complaint [1] under the Mississippi Tort Claims Act, in this Court on September 17, 2018, against Magnolia Regional Health Center. In her Complaint [1] the Plaintiff asserts diversity jurisdiction and includes a jury demand. Now before the Court is the Defendant's unopposed Motion for a Bench Trial [5] pursuant to Mississippi Code 11-46-13(1). In relevant part, 11-46-13(1) states that "the judge of the appropriate court sha..
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ORDER
SHARION AYCOCK, District Judge.
The Plaintiff filed her Complaint [1] under the Mississippi Tort Claims Act, in this Court on September 17, 2018, against Magnolia Regional Health Center. In her Complaint [1] the Plaintiff asserts diversity jurisdiction and includes a jury demand. Now before the Court is the Defendant's unopposed Motion for a Bench Trial [5] pursuant to Mississippi Code § 11-46-13(1).
In relevant part, § 11-46-13(1) states that "the judge of the appropriate court shall hear and determine, without a jury, any suit filed under the provisions of this chapter." See James v. City of Pontotoc, Miss., 2008 WL 3896713, *1 (N.D. Miss. Aug. 19, 2008). Given the mandate of this code section, the Plaintiff's claims must be determined by the Court as the trier of fact rather than a jury. Accordingly, the Defendant's Motion for Bench Trial [5] is GRANTED.
SO ORDERED.
Source: Leagle
