Adams v. Baptist Memorial Hospital-Desoto, Inc., et Al.
| Docket Number: | 2006-IA-00455-SCT Linked Case(s): 2006-IA-00455-SCT |
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| Oral Argument: | 04-03-2007 | |
* This video is best viewed in the most current version of Google Chrome, Internet Explorer with Windows Media Player plug-in, or Safari (Mac Users). |
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| Supreme Court: | Opinion Link Opinion Date: 08-16-2007 Opinion Author: RANDOLPH, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Wrongful death - Transfer of venue - Severance - Section 11-7-13 - M.R.C.P. 1 - Section 85-5-7 - Section 11-11-3(1)(a)(i) & 11-11-3(3) - M.R.C.P. 82 Judge(s) Concurring: SMITH, C.J., WALLER, P.J., EASLEY, CARLSON, RANDOLPH AND LAMAR, JJ. Judge(s) Concurring Separately: DIAZ, PRESIDING JUSTICE Dissenting Author : DIAZ, PRESIDING JUSTICE Procedural History: Bench Trial Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 02-22-2006 Appealed from: TUNICA COUNTY CIRCUIT COURT Judge: Kenneth L. Thomas Disposition: Court granted Appellee's Motion to Transfer Venue Case Number: 2005-0224 |
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| Party Name: | Attorney Name: | |||
| Appellant: | O. TUCK ADAMS, INDIVIDUALLY, AND AS
ADMINISTRATOR OF THE ESTATE OF MARY
JANE ADAMS, DECEASED |
SARA BAILEY RUSSO
RALPH EDWIN CHAPMAN
DANA J. SWAN |
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| Appellee: | BAPTIST MEMORIAL HOSPITAL-DESOTO, INC., MICHAEL A. DORRITY, M.D., JOLEE RUTHERFORD, M.D., MANDALAY RESORT GROUP f/k/a CIRCUS CIRCUS ENTERPRISES, INC., AND CIRCUS CIRCUS MISSISSIPPI, INC. d/b/a GOLD STRIKE CASINO RESORT | WALTER ALAN DAVIS BRADLEY KEITH OVERCASH L. CARL HAGWOOD EUGENIA G. McGOWN JOHN RAMSEY McCARROLL, III |
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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 - Transfer of venue - Severance - Section 11-7-13 - M.R.C.P. 1 - Section 85-5-7 - Section 11-11-3(1)(a)(i) & 11-11-3(3) - M.R.C.P. 82 |
| Summary of the Facts: | Mary Jane Adams, a resident of Richmond, Virginia, fell at the Goldstrike Casino in Tunica County and sustained a neck injury, severe chest wall pains, and multiple rib fractures. Mary Jane was transported to Baptist Memorial Hospital-DeSoto in DeSoto County. While at Baptist Memorial she was treated by Doctors Michael Dorrity and Jolee Rutherford. After she returned home to Richmond, she died. Her husband, Tuck Adams, filed suit against Baptist Memorial Hospital-DeSoto, Inc.; Dr. Dorrity; Dr. Rutherford; Mandalay Resort Group f/k/a Circus Circus Enterprises, Inc.; and Circus Circus Mississippi, Inc. The complaint was filed in Tunica County. The complaint charged Mandalay Resort Group f/k/a Circus Circus and Circus Circus Mississippi with negligence in the maintenance of their casino, the Goldstrike, and charged the medical defendants with negligence in the treatment and care of Mary Jane. Baptist Memorial filed a Motion to Transfer Venue. Drs. Dorrity and Rutherford also filed a Motion to Transfer Venue to DeSoto County. Goldstrike filed a Joinder in the Motion to Transfer Venue filed by Baptist Memorial. The trial court granted the Motion to Transfer as to the medical defendants and ordered that the action against the medical defendants be transferred to DeSoto County. However, the trial judge denied Goldstrike’s Motion. Adams appeals the Order Granting Transfer of Venue as to the three medical defendants. |
| Summary of Opinion Analysis: | Adams argues there is no legal basis to sever. Severance of this case is violative of section 11-7-13 and would certainly not promote judicial efficiency as required by M.R.C.P. 1. Severance of this action is also inconsistent with section 85-5-7, which addresses the limitation of joint and several liability for damages caused by two or more persons; contribution between joint tortfeasors; and determination of percentage of fault. Therefore, the trial court erred in severing this wrongful death case. Adams argues that while DeSoto County may also be a proper venue for this action, the action was properly brought in Tunica County and should not be transferred. Adams and the medical defendants argue there is a conflict between section 11-11-3(1)(a)(i) and 11-11-3(3). However, the Legislature has furnished guidance through its “notwithstanding” language contained in section 11-11-3(3). Section 11-11-3(3) states, “Notwithstanding subsection (1),” and this “notwithstanding” language is quite telling in determining venue for medical providers. The “notwithstanding” language is clear. Regardless of Goldstrike’s joinder as a defendant, the only proper venue for a suit against medical providers is the county in which the alleged act or omission occurred. Adams additionally argues there is a conflict between section 11-11-3(3) and M.R.C.P. 82(c). However, before applying M.R.C.P. 82(c), one must examine M.R.C.P. 82(b), which states, “Except as provided by this rule, venue of all actions shall be as provided by statute.” Therefore, a determination as to where the action could properly have been brought circuitously leads to the venue statute, section 11-11-3. While the trial judge did not err in transferring the medical defendants to DeSoto County, it was error not to order Goldstrike to DeSoto County along with the medical defendants. |
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