Wyeth Laboratories, et al. v. James, et al.
| Docket Number: | 2003-IA-01255-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 06-30-2005 Opinion Author: Smith, C.J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Personal injury - Joinder - M.R.C.P. 20(a) Judge(s) Concurring: Waller and Cobb, P.JJ., Carlson and Dickinson, JJ. Judge(s) Concurring Separately: Non Participating Judge(s): Diaz, J. Concur in Part, Dissent in Part 1: Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Concurs in Result Only: Randolph, J., Concurs in Result Only Graves, J., Concurs in Result Only With Separate Written Opinion Procedural History: Bench Trial Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 06-06-2003 Appealed from: Smith County Circuit Court Judge: Robert G. Evans Disposition: Denied the defendants’ motion to sever their claims and transfer venue. Case Number: 2002-95 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Wyeth Laboratories, A. Keith Lay, Jr., M.D., A. Keith Lay, Sr., M.D., et al. |
FRED L. BANKS, JR., KENNETH W. BARTON, LUTHER T. MUNFORD,
J. ROBERT RAMSAY, WILLIAM M. GAGE
JAMES W. SHELSON
AMANDA CLEARMAN WADDELL |
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| Appellee: | Lonelle James, et al. | FENTON B. DEWEESE, II, EDWARD A. WILLIAMSON, MERRIDA COXWELL, EUGENE COURSEY TULLOS, CHARLES RICHARD MULLINS |
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| Topic: | Personal injury - Joinder - M.R.C.P. 20(a) |
| Summary of the Facts: | Forty-two plaintiffs brought a products liability suit in Smith County Circuit Court against the manufacturer of two diet drugs, fifteen doctors who prescribed the drugs, and eight pharmacies who filled prescriptions for the drugs. Lonelle James, whose case was severed, and Alma Jones are the only Smith County plaintiffs remaining in this litigation. None of the pharmacy defendants or the four remaining doctor defendants in the case are residents of Smith County. The trial court granted a motion to sever the claims of the lead plaintiff in the case and ordered a separate trial for her. The court denied defendants’ motion to sever their claims and transfer venue. The Supreme Court granted Wyeth Laboratories and other defendants permission to appeal the denial of their motion. |
| Summary of Opinion Analysis: | Defendants argue that the court erred in denying their motion to sever and transfer venue because the claims of these plaintiffs do not comply with the requirements for permissive joinder set forth in the recent Janssen line of cases. Joinder of parties is proper under M.R.C.P. 20(a) if the claims arise from the same series of transactions or occurrences and the claims share a common issue of law or fact. The recent case of Wyeth-Ayerst Laboratories v. Caldwell, 2005 WL 171387 (Miss. Jan. 27, 2005), is controlling in the instant case. The Court found that joinder was improper in Caldwell and that the plaintiffs’ claims should be severed and transferred to an appropriate venue. This decision was based, in part, on the fact that plaintiffs would be required to show how they were exposed to those drugs which would necessitate introducing evidence of their unrelated interactions with various doctors. Introducing such evidence where there are multiple plaintiff’s claims against multiple defendants would inevitably result in the same confusing presentation of evidence which we sought to avoid in reversing the trial court in Armond. The same is true here. |
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