McWhorter v. Cal-Maine Farms, et al.
| Docket Number: | 2004-CA-00146-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 03-31-2005 Opinion Author: Carlson, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Forum non conveniens Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Easley, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz and Graves, JJ. Procedural History: Dismissal Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 11-24-2003 Appealed from: Hinds County Circuit Court Judge: Tomie Green Disposition: Entered a Final Judgment of Dismissal Without Prejudice based on forum non conveniens. Case Number: 251-02-1555CIV |
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| Party Name: | Attorney Name: | |||
| Appellant: | Keith McWhorter; Patsy McWhorter; and Hunter McWhorter |
ANDRE FRANCIS DUCOTE
HUNTER WILLIAM LUNDY
WAYNE E. FERRELL, JR. |
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| Appellee: | Cal-Maine Farms, Inc.; Fred Adams; Dolph Baker; Charlie Collins; R. K. Looper; B. J. Raines; Cargill Incorporated; Peterson Farms, Inc.; Simmons Foods, Inc.; Simmons Poultry Farms, Inc.; Tyson Foods, Inc.; Don Tyson; Greg Lee; Rodney S. Pless; R. Read Hudson; Dennis Leatherby; and John H. Tyson | ROBERT E. SANDERS E. STEPHEN WILLIAMS RICHARD LEWIS YODER, JR. EDWARD ASHLEY MOSS ROBERT RICHARD CIRILLI, JR. EDMUND L. BRUNINI, JR. RICHARD M. EDMONSON PAUL H. STEPHENSON, III JOHN G. CORLEW ROBERT W. GEORGE J. DOUGLAS MINOR, JR. |
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| Topic: | Personal injury - Forum non conveniens |
| Summary of the Facts: | Keith and Patsy McWhorter, individually and on behalf of their minor son, Hunter, along with Michael Green (an Arkansas resident), filed a complaint in the Circuit Court of the First Judicial District of Hinds County alleging that they had been caused harm by chicken litter spread in Washington County, Arkansas, where they were residents. The plaintiffs asserted that the actions of seven corporate defendants and numerous employees had caused Hunter and Michael to be exposed to toxic chemical waste products and various other harmful constituents generated by the defendants’ poultry processes. Ninety additional plaintiffs, all residents of Washington County, Arkansas, were later added to the suit. Shortly before commencing this suit in Hinds County Circuit Court, the McWhorters established residency in Rankin County. With the exception of Cal-Maine Farms, Inc. and five of its employees, none of the defendants was a resident of or maintained its principal place of business in Mississippi. The defendants moved to dismiss the suit under the doctrine of forum non conveniens. The court entered a Judgment of Dismissal Without Prejudice. The McWhorters appeal. |
| Summary of Opinion Analysis: | Courts of this state should not try an action if that would be seriously inconvenient to one or more of the parties, provided that a more appropriate forum is available. Factors the court should consider include relative ease of access to sources of proof, availability and cost of compulsory process for attendance of unwilling witnesses, possibility of view of the premises, unnecessary expense or trouble to the defendant not necessary to the plaintiff's own right to pursue his remedy, administrative difficulties for the forum courts, whether there are local interests in deciding the case at home, and the plaintiff's forum should rarely be disturbed. The court in this case thoroughly addressed all seven factors, and her finding that Arkansas is the more convenient forum is afforded substantial deference. |
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