The Park on Lakeland Drive, Inc., et al. v. Spence


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Docket Number: 2005-IA-02033-SCT
Supreme Court: Opinion Link
Opinion Date: 10-19-2006
Opinion Author: CARLSON, J.
Holding: REVERSED AND REMANDED
Additional Case Information: Topic: Personal injury - Venue - Fraudulent joinder - Section 11-11-3
Judge(s) Concurring: SMITH, C.J., WALLER, P.J., EASLEY, DICKINSON AND RANDOLPH, JJ.
Non Participating Judge(s): COBB, P.J., AND GRAVES, J.
Dissenting Author : DIAZ, J.
Procedural History: Interlocutory Appeal
Nature of the Case: CIVIL - PERSONAL INJURY
Trial Court: Date of Trial Judgment: 10-07-2005
Appealed from: Hinds County Circuit Court
Judge: Winston Kidd
Disposition: Denied Park's Motion to Transfer Venue & denied Douglas's Motion to Dismiss
Case Number: 251-04-614-CIV
  Party Name: Attorney Name:  
Appellant: THE PARK ON LAKELAND DRIVE, INC. AND SHANE DOUGLAS




LEANN W. NEALEY, ROBERT A. MILLER, LEM MONTGOMERY, III



  
Appellee: NANCY J. SPENCE MICHAEL HARTUNG, S. MALCOLM O. HARRISON  
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Topic: Personal injury - Venue - Fraudulent joinder - Section 11-11-3
Summary of the Facts: Nancy J. Spence took her two children ice skating at The Park on Lakeland Drive, Inc. Because her children were inexperienced skaters, Spence proceeded to teach them how to skate by skating backwards and holding their hands for guidance. While skating backwards, Spence and Maggie Harper, a ten-year-old girl, collided. Spence filed a lawsuit against The Park and its managers, Martha White, Jeffrey Wilburn, and Shane Douglas. The Park filed a motion for a transfer of venue and dismissal of Shane Douglas as a fraudulently joined defendant. Spence filed a motion to stay until discovery had been completed on the issue of whether venue was proper in Hinds County. Since the circuit court did not rule on the motion, discovery ensued. After discovery was completed, The Park again raised its objection to venue. The court entered an order denying The Park’s motion to transfer venue and Douglas’ motion to dismiss. The Park and Douglas filed a petition for an interlocutory appeal, which was granted by the Supreme Court.
Summary of Opinion Analysis: The Park argues that Douglas is not a proper party to this lawsuit and that Spence named Douglas as a defendant solely for the purpose of establishing venue in Hinds County. Because The Park believes that Douglas was fraudulently joined, The Park requests the Court to transfer venue to Rankin County. When this lawsuit was commenced in 2004, the relevant parts of Mississippi’s general venue statute, section 11-11-3 stated that civil actions of which the circuit court has original jurisdiction shall be commenced in the county in which the defendant resides or in the county where the alleged act or omission occurred or where the event that caused the injury occurred. Where an action is properly brought in a county in which one of the defendants resides, it may be retained notwithstanding there is a dismissal of the resident defendant, provided the action was begun in good faith in the bona fide belief that plaintiff had a cause of action against the resident defendant; the joinder of the local defendant was not fraudulent or frivolous, with the intention of depriving the non-resident defendant of his right to be sued in his own county; and there was a reasonable claim of liability asserted against the resident defendant. Here, Spence failed to assert a reasonable claim of liability against Douglas. Therefore, venue was never proper in Hinds County and the trial judge abused his discretion in allowing Spence to conduct discovery. Even upon completion of discovery, there was nothing offered by Spence to assert a reasonable claim of liability against Douglas.


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