City of Cherokee v. Parsons, et al.
| Docket Number: | 2005-IA-02003-SCT Linked Case(s): 2005-IA-02003-SCT |
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| Oral Argument: | 07-24-2006 | |
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| Supreme Court: | Opinion Link Opinion Date: 10-19-2006 Opinion Author: RANDOLPH, J. Holding: AFFIRMED IN PART; REVERSED AND REMANDED IN PART |
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| Additional Case Information: |
Topic: Personal injury - Waiver of jurisdiction - M.R.C.P. 12(b)(2) - Personal jurisdiction - Section 13-3-63 Judge(s) Concurring: SMITH, C.J., WALLER AND COBB, P.JJ., DIAZ, CARLSON AND DICKINSON, JJ. Non Participating Judge(s): EASLEY, J. Dissenting Author : GRAVES, J. DISSENTS IN PART Concur in Part, Dissent in Part 1: Graves, J., Without Separate Written Opinion Procedural History: Summary Judgment Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 10-17-2005 Appealed from: Alcorn County Circuit Court Judge: Paul S. Funderburk Disposition: Denied Appellant's Motion for Summary Judgment Case Number: CV-03-012F-A |
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| Party Name: | Attorney Name: | |||
| Appellant: | CITY OF CHEROKEE, ALABAMA; CITY OF CHEROKEE POLICE CHIEF PAUL NORMAN AND PAUL NORMAN, INDIVIDUALLY; CITY OF
CHEROKEE POLICE OFFICER JERRY McCLURG AND JERRY McCLURG, INDIVIDUALLY; COLBERT COUNTY, ALABAMA; COLBERT COUNTY SHERIFF RONNIE MAY AND RONNIE
MAY, INDIVIDUALLY; AND COLBERT COUNTY DEPUTY BILL MAYS AND BILL MAYS, INDIVIDUALLY |
BENJAMIN E. GRIFFITH |
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| Appellee: | DENNIS RAY PARSONS, ET AL. | DRAYTON D. BERKLEY |
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| Topic: | Personal injury - Waiver of jurisdiction - M.R.C.P. 12(b)(2) - Personal jurisdiction - Section 13-3-63 |
| Summary of the Facts: | During a high speed pursuit of three fleeing felony suspects which first involved numerous Alabama and later Mississippi law enforcement officers, the fleeing vehicle sped through a red light and collided with an oncoming car, killing Kathy Ann Hollands, Brandy L. Hollands, and Jennifer Renee Parsons. Dennis Ray Parsons, et al. (the wrongful death beneficiaries of Decedents) filed a civil suit against fifty-five Alabama and Mississippi cities, counties, and law enforcement officers in the Alcorn County Circuit Court. Appellants are the only remaining defendants in the civil suit and are either domiciled in or residents of Alabama. The decedents were Tennessee residents. The fleeing felony suspects were residents of Tennessee, who went to Alabama with the intent to steal property. The defendants filed motions for summary judgment claiming lack of personal jurisdiction. The circuit court denied the motion, and the Supreme Court granted an interlocutory appeal. |
| Summary of Opinion Analysis: | Issue 1: Waiver The plaintiffs argue that the record reflects an absence of objection to in personam jurisdiction by these particular defendants in either a pre-answer motion or their separate answer. The motion for summary judgment was filed over twenty months after the separate answer, which expressly admitted personal jurisdiction, was filed. In the absence of a pre-answer motion, answer, or subsequently amended answer objecting to in personam jurisdiction, the M.R.C.P. 12(b)(2) lack of jurisdiction over the person defense was waived by defendants City of Cherokee, Police Chief Norman, and Officer McClurg. Issue 2: Personal jurisdiction The plain and unambiguous language of section 13-3-63 establishes that Deputy Mays and Officer McClurg, are subject to personal jurisdiction in the circuit court. By operating vehicles in the State of Mississippi, Deputy Mays and Officer McClurg separately subjected themselves to the personal jurisdiction of Mississippi courts for actions arising out of accidents which occur in this state. The facts plainly establish that neither Colbert County or Sheriff May entered upon the highways of Mississippi, involved themselves in efforts to stop the fleeing felons, or in any other way subjected themselves to jurisdiction under section 13-3-63. Jurisdiction cannot be conferred upon them under the Mississippi long-arm statute, because minimum contacts do not exist. |
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