Ill. Cent. R.R. Co. v. Broussard


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Docket Number: 2007-CA-01010-COA
Linked Case(s): 2007-CA-01010-COA
Court of Appeals: Opinion Link
Opinion Date: 09-30-2008
Opinion Author: Griffis, J.
Holding: Reversed and Remanded
Additional Case Information: Topic: Personal injury - Attorney’s fees - Frivolous claim - M.R.C.P. 11 - Litigation Accountability Act
Judge(s) Concurring: Chandler, Barnes, and Roberts, JJ.
Dissenting Author : Lee, P.J., with separate written opinion.
Dissent Joined By : King, C.J., Myers, P.J., and Irving, J.
Concur in Part, Concur in Result 1: Ishee, J.
Concurs in Result Only: Carlton, J.
Procedural History: Dismissal
Nature of the Case: CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE
Trial Court: Date of Trial Judgment: 05-28-2007
Appealed from: WARREN COUNTY CIRCUIT COURT
Judge: Frank G. Vollor
Disposition: DEFENDANT’S MOTION TO DISMISS GRANTED AND DEFENDANT’S MOTION FOR ATTORNEYS’ FEES DENIED
Case Number: 06,0084-CI
  Party Name: Attorney Name:   Brief(s) Available:
Appellant: ILLINOIS CENTRAL RAILROAD COMPANY




 GLENN F. BECKHAM, HARRIS FREDERICK POWERS



  
  • Appellant #1 Reply Brief
    		•
    Appellee: EDWIN L. BROUSSARD WILLIAM S. GUY, C.E. SOREY  
    Synopsis provided by:

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    Topic: Personal injury - Attorney’s fees - Frivolous claim - M.R.C.P. 11 - Litigation Accountability Act
    Summary of the Facts: A complaint was filed on behalf of Edwin Broussard alleging claims for personal injuries as a result of Broussard’s exposure to asbestos while he was an employee of Illinois Central Railroad Company. After conducting an independent investigation, Illinois Central discovered that Broussard was deceased at the time the lawsuit was filed. Illinois Central filed a motion to dismiss and a motion for attorneys’ fees and expenses under M.R.C.P. 11 and the Mississippi Litigation Accountability Act. The circuit court granted Illinois Central’s motion to dismiss; however, Illinois Central’s request for attorneys’ fees was denied. Illinois Central appeals.
    Summary of Opinion Analysis: Illinois Central argues that filing a lawsuit in the name of a plaintiff, who died over one year and eight months before the filing of the lawsuit, requires the assessment of sanctions. A claim is frivolous under M.R.C.P. 11 and the Litigation Accountability Act when objectively speaking, the pleader or movant has no hope of success. If a defendant has a complete defense, then it follows that a plaintiff has no hope of success. The longstanding rule in Mississippi is that the commencement of a suit in the name of a deceased individual amounts to a nullity. This rule created a complete defense for Illinois Central and was the basis of the circuit court’s dismissal of the case. Because Illinois Central had a complete defense due to the plaintiff’s death, it follows that there was no hope of success on his claims. Thus, the circuit court abused its discretion by denying an award of attorneys’ fees.


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