In re Estate of Bell v. Dixon
| Docket Number: | 2007-CA-00435-COA Linked Case(s): 2007-CA-00435-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-11-2008 Opinion Author: MYERS, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Wrongful death - Res judicata Judge(s) Concurring: KING, C.J., LEE, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - WRONGFUL DEATH |
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| Trial Court: |
Date of Trial Judgment: 02-09-2007 Appealed from: Hinds County Circuit Court Judge: Bobby DeLaughter Disposition: SUMMARY JUDGMENT GRANTED IN FAVOR OF APPELLEE. Case Number: 252-06-26 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | IN RE: THE ESTATE OF MARKIN A. BELL, DECEASED: JEANA BELL |
C. EILAND HARRIS |
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| Appellee: | MICHAEL E. DIXON A/K/A MIKE DIXON D/B/A CENTRAL ENERGY SERVICES | JOSEPH LERAY MCNAMARA, STEPHANIE C. EDGAR |
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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 - Res judicata |
| Summary of the Facts: | An automobile accident between Markin Bell and Michael Dixon claimed the life of Bell. In August of 2004, Jeana Bell filed a lawsuit, individually and on behalf of the wrongful death beneficiaries of Bell, related to the accident. This 2004 suit was eventually dismissed by the circuit court with prejudice due to failure to comply with the court’s orders regarding discovery. The circuit court subsequently denied Jeana’s motion to reconsider, and no appeal was ever filed in that cause. In July of 2006, another suit was filed against Dixon. This 2006 suit was brought by Jeana as the administratrix of the Estate and is almost virtually identical to the 2004 suit. Upon Dixon’s motion, summary judgment was granted dismissing the latter suit based upon the principles of res judicata. Jeana appeals. |
| Summary of Opinion Analysis: | A proper application of the doctrine of res judicata involves a finding of four identities: identity of the subject matter of the action; identity of the cause of action; identity of the parties to the cause of action; and identity of the quality or character of a person against whom the claim is made. If all four identities are present, then the parties are precluded from re-litigating any previously decided issues in a subsequent lawsuit. This case deals with the same subject matter, an automobile accident that occurred between Bell and Dixon. The cause of action in both cases is a claim for the wrongful death of Bell. The claim centers upon the same set of facts and the same allegations of liability thus meeting the test for identity of the cause of action. In both the first case and the second case, Jeana is a party. The only difference is that the initial suit was brought on behalf of Jeana, individually and on behalf of the wrongful death beneficiaries, while the second cause was filed by Jeana as administratrix of the Estate. Dixon and his company, Central Energy Services, were named as defendants in both the first and second suit. Accordingly, the identity or the character of the defendants is the same in both suits. Since the four identities are met, the circuit court was proper in granting Dixon’s motion for summary judgment. |
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