Miss. Mun. Liability Plan v. Jordan, et al.
| Docket Number: | 2001-IA-01590-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 12-31-2003 Opinion Author: Smith, P.J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Personal injury - Tort Claims Act - Jurisdiction - Direct action suit - Extent of liability - Section 11-46-15 - Section 11-46-17(4) Judge(s) Concurring: Pittman, C.J., Waller, Cobb and Carlson, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : Graves, J. Dissenting Author : McRae, P.J. Dissent Joined By : Easley, J. Concur in Part, Dissent in Part 1: Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion Procedural History: Bench Trial Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 09-24-2001 Appealed from: Smith County Chancery Court Judge: J. Larry Buffington Disposition: The chancery court specifically found that it had jurisdiction over the subject matter involved in this wrongful death tort action. Case Number: 97-0009 |
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| Note: | PITTMAN, C.J., WALLER, COBB AND CARLSON, JJ., CONCUR. GRAVES, J., DISSENTS WITHOUT SEPARATE WRITTEN OPINION. EASLEY, J., CONCURS IN PART AND DISSENTS IN PART WITHOUT SEPARATE WRITTEN OPINION. McRAE, P.J., DISSENTS WITH SEPARATE WRITTEN OPINION JOINED IN PART BY EASLEY, J. DIAZ, J., NOT PARTICIPATING. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Mississippi Municipal Liability Plan |
LAWRENCE CARY GUNN, JR.
GARY E. FRIEDMAN |
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| Appellee: | Frank E. Jordan, Stuart Love, Mary Ann Hill and Manuel Keyes | DAVID GARNER JOLLY W. MATTHEWS OBY THOMAS ROGERS DAVID L. SULLIVAN |
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| Topic: | Personal injury - Tort Claims Act - Jurisdiction - Direct action suit - Extent of liability - Section 11-46-15 - Section 11-46-17(4) |
| Summary of the Facts: | Three injured plaintiffs sought compensation for injuries sustained in a motor vehicle accident where a Town of Taylorsville police patrolman was allegedly the negligent party. The chancery court found that the municipality was liable only for $ 50,000 but that the Mississippi Municipality Liability Plan could be held liable in excess of $50,000 because the policy between the city and plan provided for maximum coverage of $500,000. The MMLP filed a Petition for Interlocutory Appeal which the Supreme Court granted. |
| Summary of Opinion Analysis: | Issue 1: Jurisdiction This case was filed in the Smith County Chancery Court which specifically found that it had jurisdiction over the subject matter involved in this wrongful death tort action. While a chancery court may grant judgments for compensatory and even punitive damages, its jurisdiction must first attach. The chancery court did not have subject matter jurisdiction over this MTCA action. In considering an interlocutory appeal, it is permissible to reverse for a trial court’s lack of jurisdiction because, absent a final judgment, the provisions of Section 147 of the Mississippi Constitution do not bar reversal on jurisdictional grounds. Although MMLP failed to raise the jurisdictional defect before the court below, the chancery court’s lack of subject matter jurisdiction is plain error requiring reversal. Issue 2: Direct action suit MMLP argues that Mississippi does not allow direct action suits and that it is liable only to the extent allowed under section 11-46-15, i.e., $ 50,000. While M.R.C.P. 57(b)(2) permits an injured party to seek a declaratory judgment of coverage, it does not permit an injured party to join an insurance company that has admitted coverage. Therefore, MMLP would be a proper party to this action only if it denied coverage under the policy issued to Taylorsville. MMLP does not deny that Jordan’s claim is covered under the policy it issued Taylorsville and is therefore not a proper party to this suit. Under section 11-46-17(4), if a political subdivision purchases liability insurance, it can be sued for amounts exceeding the applicable statutory liability limit. The statute does not state that self-insured governmental entities may be sued for more than the liability limit, nor does it declare that governmental entities that choose to participate in risk-pooling agreements may be sued for amounts in excess of the liability limit. Therefore, the statutory liability limit imposed by section 11-46-15 is still effective to limit MMLP’s liability at $50,000. |
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