Owens v. Mai
| Docket Number: | 2002-CA-01338-COA Linked Case(s): 2002-CT-01338-SCT ; 2002-CT-01338-SCT ; 2002-CT-01338-SCT ; 2002-CA-01338-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-18-2003 Opinion Author: Thomas, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Wrongful death - Statute of limitations - Savings statute - Section 15-1-69 Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Dismissal Nature of the Case: CIVIL - WRONGFUL DEATH |
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| Trial Court: |
Date of Trial Judgment: 06-14-2002 Appealed from: Copiah County Circuit Court Judge: Lamar Pickard Disposition: PLAINTIFF'S CLAIM IS BARRED BY THE STATUTE OF LIMITATIONS AND IS DISMISSED WITH PREJUDICE. Case Number: 2001-0637 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Jackie Owens, Individually and on Behalf of All Other Death Beneficiaries of Terry Owens |
MICHAEL S. ALLRED
OTTOWA E. CARTER |
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| Appellee: | Paul Mai d/b/a Crystal Springs Mobile Home Parks | WILLIAM E. READY, JR. |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Wrongful death - Statute of limitations - Savings statute - Section 15-1-69 |
| Summary of the Facts: | Jackie Owens filed a wrongful death action against Paul Mai for negligent employment of Mark Tappen and negligent supervision after her husband, Terry Owens was stabbed and killed by Tappen who had been hired by Mai to provide security to the Crystal Springs Mobile Home Parks where the Owenses lived. Mai moved for dismissal based upon a service defect as well as the failure of the return of service to include required language. The court granted the motion. Owens filed a motion for reconsideration and then refiled the same suit. Mai again filed for dismissal, and the court again granted the motion. Owens appeals. |
| Summary of Opinion Analysis: | The court granted the motion to dismiss on the basis that the statute of limitation had expired. Owens argues that her cause of action fell within the purview of section 15-1-69, the savings statute. Section 15-1-69 provides that if any action which was commenced within the time allowed shall be abated or otherwise avoided or defeated for any matter of form, the plaintiff may commence a new action, even if the statute of limitation has expired, if the new suit is begun within one year from the date of abatement. Dismissal of a case for lack of jurisdiction is a matter of form for purposes of the savings statute. Both personal jurisdiction and subject matter jurisdiction are necessary before a court may validly try and adjudicate a case. Sufficient service of process is one of the two manners in which personal jurisdiction may be exercised over a defendant. The only reason for the court’s dismissal of the first case was the failure to mail a copy of the complaint and summons to the defendant. Because personal jurisdiction was lacking, the dismissal of the second case was improper under the Mississippi savings statute. |
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