Mississippi Supreme Court, 2003

The court adopted the amended Rule 702's modified Daubert framework, including trial-court gatekeeping for all scientific, technical, and specialized expert testimony, replacing Mississippi's former Frye standard.

The court held that Mississippi's wrongful-death statute permits an action for the death of a nonviable fetus that was "quick" in the womb. It rejected viability as the controlling threshold, adopted the "quick" standard from the state's criminal statute, and left the factual determination of quickening to the jury.