Robinson, et al. v. Hosemann
| Docket Number: | 2004-CA-00043-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 05-26-2005 Opinion Author: Easley, J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Libel - Tort Claims Act - Res judicata Judge(s) Concurring: Smith, C.J., Carlson, Graves, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Concurs in Result Only: Waller and Cobb, P.JJ. Procedural History: JNOV Nature of the Case: CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE |
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| Trial Court: |
Date of Trial Judgment: 11-17-2003 Appealed from: Warren County Circuit Court Judge: William F. Coleman Disposition: Denied Hosemann’s motion for JNOV and/or for New Trial. Case Number: 02,0127-CI |
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| Note: | Petition for Extraordinary Writ of Mandamus and/or for Writ of Prohibition or Other Relief filed by Eddie Robinson and Pamela Turner is denied. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Eddie Robinson and Pamela Turner |
J. LAWSON HESTER |
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| Appellee: | H. Gerald Hosemann | DENNIS L. HORN |
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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: | Libel - Tort Claims Act - Res judicata |
| Summary of the Facts: | Gerald Hosemann filed suit against Eddie Robinson and Pamela Turner in the Warren County Circuit Court, seeking actual damages in the amount of $925,000, punitive damages in the amount of $1,750,000, and attorney’s fees. Robinson and Turner filed a Motion to Dismiss or in the Alternative for More Definite Statement and for Additional Time to Serve Answer and Defenses. They argued that they were both employees of the Hinds County Sheriff’s Department being sued for actions taken in their capacities as deputy sheriffs and that the Tort Claims Act provides the sole procedural vehicle through which either may be sued. Robinson and Turner filed an amended motion to transfer venue from Warren County to Hinds County. Hosemann filed a First Amended Complaint in which he stated the defendants’ conduct constituted conduct outside the Tort Claims Act. At the close of the plaintiff’s case-in-chief, Robinson received a directed verdict. The jury returned a verdict in favor of Turner. The court entered a final judgment in favor of Robinson and Turner as provided by M.R.C.P. 54(b). The court then stated in the same order that “[t]he Court hereby sets for non-jury trial any of Plaintiff’s remaining alleged Mississippi Torts Claims Act claims against Pamela Turner and Eddie Robinson in the Circuit Court of the First Judicial District of Hinds County.” Turner and Robinson filed a Petition for Extraordinary Writ of Mandamus and/or for Writ of Prohibition or Other Relief. |
| Summary of Opinion Analysis: | Robinson and Turner contend that the non-jury trial is barred by the doctrines of res judicata, collateral estoppel and judicial estoppel based on the final judgment entered by the trial court in favor of Robinson and Turner. They argue that the court erred in allowing setting trial on claims under the Tort Claims Act when Hosemann specifically did not pursue any of those claims, instead suing them for actions taken outside the scope of their employment and seeking punitive damages. The four identities that must be present for the doctrine of res judicata to apply include identity of the subject matter, identity of the cause of action, identity of the parties, and identity of the quality or character of a person against whom a complaint is made. Here, the facts clearly prove that the four identities were met. |
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