Amchem Products, Inc., et al. v. Rogers
| Docket Number: | 2003-IA-00237-SCT Linked Case(s): 2003-M-00237 |
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| Supreme Court: | Opinion Link Opinion Date: 03-17-2005 Opinion Author: Easley, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Personal injury - Joinder - M.R.C.P. 20(a) Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ. Non Participating Judge(s): Diaz and Randolph, JJ. Dissenting Author : Graves, J. Procedural History: Interlocutory Appeal Nature of the Case: CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE |
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| Trial Court: |
Date of Trial Judgment: 08-02-2002 Appealed from: Bolivar County Circuit Court Judge: Larry O. Lewis Disposition: Denied Appellants' motion to sever and transfer or dismiss. Case Number: 2001-0019 |
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| Note: | Motion for Expedited Oral Argument and Consideration pursuant to Amended M.R.A.P. Rule 5(e) filed by counsel for the appellants is denied as moot. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Amchem Products, Inc.; Crossfield Products Corporation; Dana Corporation; General Electric Company; Georgia Pacific Corporation; Gulf Coast Marine Supply Company; Komp Equipment Company, Inc; Laurel Machine and Foundry Company; Marine Specialty Company, Inc.; National Service Industries, Inc.; Owens-Illinois, Inc.; Standard Equipment Company, Inc.; Union Carbide Corporation; Uniroyal Holding, Inc.; and Zurn Industries, Inc. |
T. HUNT COLE, JR.
WALTER G. WATKINS, JR.
THOMAS W. TARDY, III |
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| Appellee: | Thomas L. Rogers, et al. | WARREN LEON CONWAY |
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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: | Personal injury - Joinder - M.R.C.P. 20(a) |
| Summary of the Facts: | The complaint alleged various tort and product liability claims related to asbestos exposure at approximately 250 different work locations in 20 different states. Amchem Products, Inc., et al., (the defendants) filed a petition for interlocutory appeal challenging the trial court’s order denying the motion to sever and transfer or dismiss. The Supreme Court granted an interlocutory appeal. |
| Summary of Opinion Analysis: | Abuse of discretion is found where joined parties fail to satisfy the two part requirement of M.R.C.P. 20(a) which requires that the claims arise from the same transactions and occurrences and the claims share a common issue of law or fact. The facts show that the 76 plaintiffs were improperly joined in this case. The only factor that is common to each plaintiff is alleged exposure to asbestos during some time period of their career. The circumstances in which each plaintiff experienced alleged asbestos exposure were unique. Each plaintiff worked at a different job site at different times, performing different jobs under different working conditions. In addition, each plaintiff had different number of alleged exposures and different lengths of alleged exposure time. The alleged asbestos exposure occurred in different ways, with different types of products and differing types of protection. Each plaintiff also had unique medical histories and unique health problems. Only 6 out of the 76 plaintiffs in this case have ties to the State of Mississippi. Notwithstanding the fact that two of the plaintiffs’ claims occurred in Bolivar County, their claims have no other connection to one another and, therefore, should be severed from each other. The other four plaintiffs have claims that should be severed and transferred to proper counties. The out-of-state plaintiffs with no connection to the State of Mississippi and whose causes of action accrued out of state should be dismissed without prejudice based upon forum non-conveniens. |
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