Crenshaw v. Roman, et al.
| Docket Number: | 2005-IA-01868-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 11-16-2006 Opinion Author: EASLEY, J. Holding: REVERSED AND REMANDED |
|
| Additional Case Information: |
Topic: Negligence - Venue - Section 11-11-3 - Section 11-11-11 - M.R.C.P. 82(c) Judge(s) Concurring: SMITH, C.J., WALLER, P.J., CARLSON, DICKINSON AND RANDOLPH, JJ. Dissenting Author : DIAZ AND GRAVES, JJ., Without Separate Written Opinion Concurs in Result Only: COBB, P.J. Procedural History: Bench Trial Nature of the Case: CIVIL - OTHER |
|
| Trial Court: |
Date of Trial Judgment: 09-20-2005 Appealed from: MARSHALL COUNTY CIRCUIT COURT Judge: Henry L. Lackey Disposition: Denied Appellant's Motion to Transfer Venue Case Number: M2002-645 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | ANDREW H. CRENSHAW, M.D. |
CLINTON M. GUENTHER |
||
| Appellee: | MICHAEL A. ROMAN AND EVA E. ROMAN | JAMES KIZER JONES |
|
|
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. |
|
| Topic: | Negligence - Venue - Section 11-11-3 - Section 11-11-11 - M.R.C.P. 82(c) |
| Summary of the Facts: | Michael Roman and Eva Roman filed suit in the Marshall County Circuit Court against Wal-Mart Stores, Inc., Baptist Memorial Hospital-DeSoto, Inc., and Andrew Crenshaw, Jr., M.D. The Romans lived in Holly Springs, Marshall County, Mississippi. The Romans were shopping at the Wal-Mart store located in Southaven, DeSoto County, when Eva allegedly slipped and fell on a slippery surface in the store. Eva was transported by ambulance directly to BMH-DeSoto for medical treatment. Dr. Crenshaw, an orthopedic surgeon, performed all three of Eva’s surgeries at BMH-DeSoto. Wal-Mart is a non-resident defendant incorporated in the State of Delaware, doing business in the State of Mississippi. BMH-DeSoto is a resident corporation organized under the laws of the State of Mississippi with its principal place of business located at 1605 Stateline Road, Southaven, DeSoto County. Dr. Crenshaw is a non-resident defendant who resided in Shelby County, Tennessee, but he practiced medicine at the Campbell Clinic, 7545 Airways Boulevard, Southaven, DeSoto County. Dr. Crenshaw filed a pre-trial motion for change of venue from Marshall County to DeSoto County. Dr. Crenshaw further filed a motion to amend his answer pursuant to M.R.C.P. 15(a) to allow the affirmative defense of improper venue. BMH-DeSoto filed a motion to amend its answer and defenses pursuant to M.R.C.P. 15(a) to include the affirmative defense of improper venue. The trial court filed the order granting the Romans’ voluntary dismissal of all claims against BMH-DeSoto with prejudice. Wal-Mart filed a motion to join into Dr. Crenshaw’s motion to transfer venue. The trial court denied the defendants’ motion to transfer venue, and the Supreme Court granted an interlocutory appeal. |
| Summary of Opinion Analysis: | Dr. Crenshaw argues that the court erred in denying the defendants' motion to transfer venue to DeSoto County from Marshall County. In Capital City Ins. Co. v. G.B. "Boots" Smith Corp., 889 So. 2d 505, 516-17 (Miss. 2004), the mandatory language, “shall,” in the general venue statute, section 11-11-3, controlled over the permissive language, “may,” found in section 11-11-7. Accordingly, the mandatory language, “shall,” in the general venue statute, section 11-11-3, controls in this case over the permissive language, “may,” found in section 11-11-11. The Romans argue that M.R.C.P. 82(c) allows venue to remain in Marshall County. However, M.R.C.P. 82(c) does not support a plaintiff establishing venue in his own county of residence when a resident defendant is a party to the suit. Here, BMH-DeSoto, a Mississippi corporation with its principal place of business in DeSoto County, was a named defendant. The Romans did not voluntarily dismiss BMHDeSoto until the defendants’ raised the issue of improper joinder. Further, Eva was treated at BMH-DeSoto in DeSoto County when she received the alleged negligent care and treatment from BMH-DeSoto and Dr. Crenshaw. Dr. Crenshaw provided all medical treatment Eva received from him in DeSoto County. Eva’s three surgeries were performed at BMH-DeSoto, therefore, the Romans’ allegations of medical malpractice occurred in DeSoto County. Likewise, Eva’s alleged slip and fall occurred in DeSoto County. Thus, venue is proper in DeSoto County. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
