Rankin v. Clements Cadillac, Inc.
| Docket Number: | 2003-CT-01687-SCT Linked Case(s): 2003-CA-01687-COA ; 2003-CT-01687-SCT ; 2003-CA-01687-COA |
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| Supreme Court: | Opinion Link Opinion Date: 06-09-2005 Opinion Author: Dickinson, J. Holding: Reversed the judgment of the Court of Appeals and remanded to the trial court. |
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| Additional Case Information: |
Topic: Wrongful discharge - Settlement agreement Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Randolph, JJ. Non Participating Judge(s): Diaz and Graves, JJ. Dissenting Author : Easley, J. Procedural History: Bench Trial Nature of the Case: CIVIL - OTHER Writ of Certiorari: Granted Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 02-26-2003 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: Trial Court found that plaintiff had previously settled his claim and dismissed the complaint which was based on wrongful discharge. Case Number: 251-01-000280 |
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| Note: | The supreme court found that the Plaintiff's wrongful discharge claim was not settled, reversed the court of appeals, and remanded the case to the trial court. | |
| Party Name: | Attorney Name: | |||
| Appellant: | JERALD RANKIN |
SANFORD E. KNOTT |
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| Appellee: | CLEMENTS CADILLAC, INC. | CASSANDRA B. WALTER, KEN R. ADCOCK |
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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 discharge - Settlement agreement |
| Summary of the Facts: | Jerald Rankin filed a complaint against Clements Cadillac, Inc., alleging that Clements wrongfully terminated his employment. The trial court, finding the plaintiff had previously settled his claim, dismissed the complaint. The Court of Appeals affirmed, and the Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | Clements filed a Motion to Enforce Settlement which alleges that Rankin and his supervisor, Greg Broadhead, engaged in a physical altercation which resulted in each filing criminal affidavits against the other and that they, by and through their respective counsel, reached an agreement to settle all criminal and potential civil liability against each other and agreed that each party would release each other and Broadhead’s business, Clements Cadillac, Inc., from any and all liability of any type. Broadhead’s attorney, Christopher Klotz, filed an affidavit which claimed that he worked with Broadhead and Rankin’s attorney, Sanford Knott, Esq., and reached an agreement to settle all criminal and potential civil liability against each other that, in reliance on the agreement that each party would release the other from civil liability, Broadhead signed a document titled “Waiver of Civil Liability,” which was attached to the affidavit. The Klotz affidavit does not claim Rankin agreed to release Clements from civil liability. In fact, the affidavit does not even suggest that Rankin ever actually saw the waiver. The affidavit carefully limits Rankin’s agreement to a release of “Mr. Broadhead,” with no direct or indirect reference to Clements. More importantly, the settlement and waiver of civil liability clearly limits the settlement to “any and all actions occurring on or about August 14, 2000 which gave rise to [Rankin and Broadhead] filing criminal misdemeanor charges against each other.” Thus, even if the settlement did include Clements, it did not include the claim Rankin filed in his lawsuit against Clements, that of wrongful discharge. Because there is no document or other evidence in the record to indicate Rankin settled his litigation against the dealership, the judgments of the Court of Appeals and the trial court are reversed and the case remanded to the trial court for further proceedings. |
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