Mercer v. Moody, et al.


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Docket Number: 2004-IA-01351-SCT

Supreme Court: Opinion Link
Opinion Date: 05-26-2005
Opinion Author: Graves, J.
Holding: Reversed and Remanded

Additional Case Information: Topic: Personal injury - Joinder - M.R.C.P. 20(a) - Declaratory judgment - M.R.C.P. 57 - Venue
Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ.
Non Participating Judge(s): Diaz and Randolph, JJ.
Procedural History: Interlocutory Appeal
Nature of the Case: CIVIL - PERSONAL INJURY

Trial Court: Date of Trial Judgment: 01-13-2004
Appealed from: Hinds County Circuit Court
Judge: Winston Kidd
Disposition: The trial court denied Mercer’s motion to transfer venue.
Case Number: 251-03-297CIV

  Party Name: Attorney Name:  
Appellant: Shawn Mercer




JACK W. LAND



 

Appellee: Carrel Moody, Jr., Ella Mae Lois Moody, and Brierfield Insurance Company LARA E. GILL, R. KEITH FOREMAN, PHILLIP W. JARRELL, TRACE D. McRANEY  

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Topic: Personal injury - Joinder - M.R.C.P. 20(a) - Declaratory judgment - M.R.C.P. 57 - Venue

Summary of the Facts: Carrel Moody, Jr. suffered injuries when his dump truck hit a calf owned by Shawn Mercer that had wandered onto a road. After settling his worker’s compensation claim, Moody sued Mercer for monetary damages and his employer’s insurer, Brierfield Insurance Company, for declaratory relief. Moody made Brierfield the venue-fixing defendant by serving process on the Commissioner of Insurance in Hinds County. Mercer requested a change of venue when he answered Moody’s complaint, arguing that venue was only proper in either Perry County, where he resided, or Greene County, where the accident took place (and Moody resided). The court denied Mercer’s motion. Brierfield filed a cross-claim against Mercer and State Farm. After Brierfield cross-claimed against Mercer, Mercer moved the trial court to realign Brierfield either as a plaintiff or an intervenor with Moody and to transfer venues. The court denied Mercer’s motion. The Supreme Court granted Mercer permission to bring an interlocutory appeal.

Summary of Opinion Analysis: Issue 1: Joinder Under M.R.C.P. 20(a), all defendants may be joined in a case where a plaintiff asserts that they are jointly or severally liable to him or his claimed right to relief arises from the same transaction, occurrence, or series of transactions or occurrences, and if any question of law or fact common to all defendants will arise in the action. The same transaction or occurrence requirement of Rule 20(a) is satisfied in this case, as any potential claims Moody had against either Mercer or Brierfield arose out of one distinct event, the accident. Moody argues that his claim against Mercer will have an impact on the litigation of his claims against Brierfield and Brierfield’s own claims against Mercer and that the fact that he requested different relief from Mercer and Brierfield should not bar him from joining these claims together in one action. Looking at the general joinder requirements of Rule 20(a) and the specific rules for bringing a declaratory judgment action against an insurance company under M.R.C.P. 57, Moody improperly joined Brierfield as a defendant. Brierfield has not only admitted that Moody’s loss was covered, it has already paid him for his losses. Moody cannot rely on Rule 57 as the basis for bringing suit against Brierfield. Rule 57 only allows Moody to seek a declaratory judgment against an insurer when coverage is in doubt, and coverage is not in doubt here. As such, there will be no common question of law or fact litigated between all parties, making joinder of Brierfield and Mercer as defendants improper. Issue 2: Venue Because Brierfield was never a proper defendant, venue was never proper in Hinds County, and the trial court erred in denying Mercer’s motion for a change of venue. Venue is proper in either Greene County, where the accident occurred or Perry County, where Mercer resides.


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