Estate of Klaus v. River Region Health Sys.


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Docket Number: 2006-IA-00675-SCT
Linked Case(s): 2006-IA-00675-SCT
Oral Argument: 07-23-2007
 

 

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Supreme Court: Opinion Link
Opinion Date: 11-29-2007
Opinion Author: Randolph, J.
Holding: Affirmed and Remanded
Additional Case Information: Topic: Wrongful death - Limitation on non-economic damages - Number of beneficiaries - Section 11-1-60(a) - Section 11-7-13 - Section 1-3-33
Judge(s) Concurring: SMITH, C.J., WALLER, P.J., EASLEY, CARLSON, DICKINSON, AND LAMAR, JJ.
Dissenting Author : DIAZ, P.J., With Separate Written Opinion .
Dissent Joined By : GRAVES, J.
Procedural History: Interlocutory Appeal; Declaratory Judgment
Nature of the Case: CIVIL - WRONGFUL DEATH; Interlocutory Appeal
Trial Court: Date of Trial Judgment: 04-04-2006
Appealed from: WARREN COUNTY CIRCUIT COURT
Judge: Frank G. Vollor
Disposition: Following hearing, the circuit court entered a “Declaratory Judgment” finding that “the limitation on non-economic damages in 11-1-60(2)(a) to $500,000.00 applies to this cause of action regardless of the number of beneficiaries. In this interlocutory appeal, the Court is asked to address the legislatively-instituted cap on non-economic damages found in Mississippi Code Annotated Section 11-1-60(2)(a) (Supp. 2007) and its effect, vel non, on the wrongful-death statute, i.e., Mississippi Code Annotated Section 11-7-13 (Rev. 2004).
Case Number: 05,0240-CI
  Party Name: Attorney Name:   Brief(s) Available:
Appellant: THE ESTATE OF STACEY KAY KLAUS BY ALTA KLAUS, ADMINISTRATRIX AND ALTA KLAUS AS PERSONAL REPRESENTATIVE OF THE WRONGFUL DEATH BENEFICIARIES OF STACEY KAY KLAUS




 JERRY CAMPBELL



  
  • Appellant #1 Brief
    		•
    Appellee: VICKSBURG HEALTHCARE, LLC d/b/a RIVER REGION HEALTH SYSTEMS, RIVER REGION MEDICAL CORPORATION, TRIAD HOSPITALS, INC., STEPHANIE VANDERFORD, R.N., AND EUGENE FERRIS, III, M.D. KRISTOPHER ALAN GRAHAM, STUART BRAGG HARMON, R.E. PARKER, SR., CLIFFORD C. WHITNEY, III  
    Synopsis provided by:

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    Topic: Wrongful death - Limitation on non-economic damages - Number of beneficiaries - Section 11-1-60(a) - Section 11-7-13 - Section 1-3-33
    Summary of the Facts: Stacey Klaus died following surgery at River Region Hospital. Stacey’s mother, Alta, filed a medical malpractice complaint against River Region Hospital and Dr. Eugene Ferris, as Administratrix of Stacey’s estate and as personal representative of the wrongful-death beneficiaries of Stacey. Subsequently, the Klauses filed a Motion for Declaratory Judgment. The circuit court entered a Declaratory Judgment finding that the limitation on non-economic damages in section 11-1-60(2)(a) to $500,000.00 applies to this cause of action regardless of the number of beneficiaries. The Supreme Court granted certiorari.
    Summary of Opinion Analysis: The Klauses argue that section 11-1-60(a) and section 11-7-13, the wrongful death statute, when read together, create an ambiguity. The Legislature had the opportunity to declare that the statute at issue was to be read only in the singular, but did not. Additionally, the Legislature did not manifestly express a contrary intention not to include plural language in its Declaration of Legislative Intent. Accordingly, the statute is to be applied according to its plain meaning and “the plaintiff” in section 11-1-60(2)(a) shall be interpreted by using the singular or plural language when considered in pari materia with section 1-3-33, which provides that words written in the singular are to be read in the plural.


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