Smith, et al. v. Boone Express, Inc., et al.
| Docket Number: | 2004-CA-02116-SCT Linked Case(s): 2004-CA-02116-SCT |
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| Oral Argument: | 09-20-2005 | |
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| Supreme Court: | Opinion Link Opinion Date: 12-15-2005 Opinion Author: WALLER Holding: Affirmed |
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| Additional Case Information: |
Topic: Wrongful death - Parental immunity - Motion to intervene - M.R.C.P. 24(a)(2) - Rule of prior jurisdiction - Personal representative - Conflict of interest Judge(s) Concurring: Smith, C.J., Cobb, P.J., Carlson, Dickinson and Randolph, JJ., Non Participating Judge(s): Diaz and Graves, JJ., Dissenting Author : Easley, J., Procedural History: Dismissal Nature of the Case: Wrongful Death |
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| Trial Court: |
Date of Trial Judgment: 07-28-2004 Appealed from: TUNICA COUNTY CIRCUIT COURT Judge: Larry O. Lewis Disposition: Finding that Carl was not a necessary party, the circuit court denied the motion to intervene and/or join. The circuit court dismissed Carl’s wrongful death lawsuit on the basis that only one wrongful death action can be filed. Case Number: 2002-0378 |
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| Consolidated: Consolidated with 2004-CA-01920-SCT Demarcus Smith, a Minor, and Kiara Smith, a Minor, and Tevon Smith, a Minor, Deceased and/or Estate of Tevon Smith by Carl Smith, Personal Representative, Natural Father and Next Friend, All by Their Natural Father and Next Friend, Carl Smith, Individually, and as a Wrongful Death Beneficiary of Tevon Smith, and Carl Smith on Behalf of All of Tevon Smith's Wrongful Death Beneficiaries v. Cassandra L. Holmes, Individually and as Natural Guardian and Next Friend of Demarcus Holmes and Kiara Holmes, and as Personal Representative of the Estate of Tevon Holmes, Deceased; and Boone Express, Inc.; Tunica Circuit Court; LC Case #: 2002-322; Ruling Date: 07/28/2004; Ruling Judge: Larry Lewis | ||
| Note: | Appellant's Request for the Supreme Court of Mississippi to Retain Jurisdiction and Request for oral argument is granted. | |
| Party Name: | Attorney Name: | |||
| Appellant: | DEMARCUS SMITH, A MINOR,
AND KIARA SMITH, A MINOR,
AND TEVON SMITH, A MINOR,
DECEASED AND/OR ESTATE OF
TEVON SMITH BY CARL SMITH,
PERSONAL REPRESENTATIVE,
NATURAL FATHER AND NEXT FRIEND,
ALL BY THEIR NATURAL FATHER AND
NEXT FRIEND, CARL SMITH, INDIVIDUALLY,
AND AS A WRONGFUL DEATH BENEFICIARY OF
TEVON SMITH, AND CARL SMITH ON BEHALF OF
ALL OF TEVON SMITH’S WRONGFUL DEATH
BENEFICIARIES |
DANIEL A. SEWARD |
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| Appellee: | CASSANDRA L. HOLMES, INDIVIDUALLY AND AS NATURAL GUARDIAN AND NEXT FRIEND OF DEMARCUS HOLMES AND KIARA HOLMES, AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF TEVON HOLMES, DECEASED; AND BOONE EXPRESS, INC. | TODD B. MURRAH |
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| Topic: | Wrongful death - Parental immunity - Motion to intervene - M.R.C.P. 24(a)(2) - Rule of prior jurisdiction - Personal representative - Conflict of interest |
| Summary of the Facts: | An automobile accident occurred in Tunica between an automobile operated by Cassandra Holmes and an eighteen-wheeler truck owned by Boone Express, Inc., and operated by Michael Dale. Cassandra’s children, Demarcus Smith, Kiara Smith and Tevon Smith, were injured in the accident, and Tevon was killed. Cassandra filed a wrongful death and personal injury lawsuit against Boone Express and Dale. Carl Smith, the natural father of all of the children, filed his own wrongful death lawsuit and a separate motion to intervene and/or join in Cassandra’s lawsuit. Finding that Carl was not a necessary party, the circuit court denied the motion to intervene and/or join. The circuit court dismissed Carl’s wrongful death lawsuit on the basis that only one wrongful death action can be filed. From these two orders, Carl appeals. |
| Summary of Opinion Analysis: | Issue 1: Parental immunity The judge denied Carl’s motion to intervene on the basis that Carl wished to raise negligence and wrongful death claims against Cassandra and that such claims would be barred due to parental immunity. The principle of parental immunity, which bars an unemancipated minor from suing his or her parent for injuries caused by the negligence of the parent, has been abrogated in this State, insofar as the negligent operation of motor vehicles is concerned. Therefore, the court erred in denying Carl’s motion to intervene. Issue 2: Motion to intervene The court denied Carl’s motion to join Cassandra’s lawsuit because, as a wrongful death beneficiary, Carl’s interests would be protected in Cassandra’s lawsuit. M.R.C.P. 24(a)(2) provides that anyone who is so situated that the disposition of the action may as a practical matter impair or impede his ability to protect that interest may intervene by right unless the applicant’s interest is adequately represented by existing parties. In wrongful death litigation, all claims shall be joined in one suit. Therefore, Carl should have been joined as a party plaintiff because he is a wrongful death beneficiary. Issue 3: Rule of prior jurisdiction Only one of the wrongful death beneficiaries may bring a wrongful death lawsuit. Because only one wrongful death lawsuit may be filed, and two such lawsuits have been filed, the rule of prior jurisdiction comes into play. A second action based on the same cause will generally be abated where there is a prior action pending in a court of competent jurisdiction within the same state or jurisdictional territory, between the same parties, involving the same or substantially the same subject matter and cause of action, and in which prior action the rights of the parties may be determined and adjudged. Because Carl’s wrongful death complaint was filed after Cassandra’s, the circuit court’s dismissal of Carl’s complaint was eminently correct. Issue 4: Personal representative Carl argues that Cassandra’s role as an alleged tortfeasor would prejudice the other wrongful death beneficiaries’ claims. One who brings a wrongful death suit as the personal representative acts in a fiduciary capacity. Because Cassandra is a fiduciary by way of her being the personal representative of the wrongful death beneficiaries, and Carl has raised a claim of conflict of interest, this issue must be considered by the circuit court on remand. |
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