Toby J. Gammill

Martindale Hubbell logoTOBY J. GAMMILL (Toby) was born in Greenwood, Mississippi in 1970. He received his Bachelors of Science degree from Mississippi College in 1995 and his Juris Doctorate from Mississippi College School of Law in 1999. Mr. Gammill served in the military for over 15 years on active duty and in the National Guard of Mississippi, Kansas and New York progressing from the rank of Private to Captain. He has been deployed in combat operations in Operation Desert Storm and civil security operations at the New York World Trade Center attack on September 11, 2001.

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Recent Trial Decisions:

Peacor v. Lane Stephan Laken, M.D., Rankin County, Mississippi Circuit Court (May, 2008)

Toby Gammill and Diane Pradat won a defense verdict for an orthopaedic surgeon in a lawsuit when the plaintiff alleged that the physician was negligent in the placement of a fixation device in her elbow after she suffered a fracture dislocation of the elbow as a result of a fall from the cab of an 18 wheeler. However, Ms. Pradat and Mr. Gammill established that the placement of the fixation device was warranted based on the fracture location. They also presented evidence that the plaintiff did not go to physical therapy and missed critical appointments with the physician. Additionally, the risks of her not complying with medical advice were fully explained to her prior to the surgery.

Hobson v. Rumphs, Rankin County, Mississippi, Circuit Court (January 2009)

Toby Gammill and Amanda Mullins received a unanimous defense verdict in the County Court of Rankin County in an automobile negligence case, where it was alleged that the defendant driver hydroplaned across the center line and injured the plaintiff.

Summary Judgments:

Alfa Insurance v, Sri Ram, Inc., United States District Court (Jackson, Mississippi) (January, 2009)

Toby J. Gammill and David E. Stovall obtained a declaratory judgment in the U.S. District Court of the Southern Division of Mississippi when the Court held that the terms of a business owner’s insurance policy did not provide coverage to an injured employee for a lawsuit on premises liability and unsafe working conditions.

Appellate Court Decisions:

Simpson v. Tillman Furniture Company, No. 2008-CP-01449-COA (Miss. 2009)

The Mississippi Court of Appeals affirmed a lower court's decision granting Summary Judgment based on a motion by Defendant's counsel, Toby J. Gammill and Whitney W. Gladden. Filed in Copiah County, the original premises liability case stemmed from the plaintiff falling from a chair in a furniture showroom and alleging that her present medical condition was directly attributable to that fall. Because the plaintiff had numerous pre-existing conditions and was unable to have a physician attribute her current condition to the fall, she failed to show causation and Summary Judgment was granted. The plaintiff appealed the decision which was later affirmed.

Escribano v. Town of Haverstraw, No. 303 A.D. 621, 757 N.Y.S. 2d 310 (N.Y. 2003)

The plaintiff made a claim that a police officer, after stopping the him for non seatbelt use, failed to recognize the plaintiff's diabetic episode and medical condition and released him from the scene. The plaintiff crashed minutes later, killing his passenger and son. The Court dismissed the matter on Summary Judgment and this was affirmed by the Appeals Court.