Jenkins, et al. v. Pensacola Health Trust, Inc., et al.
| Docket Number: | 2005-IA-02342-SCT Linked Case(s): 2005-IA-02342-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 04-27-2006 Opinion Author: Dickinson, J. Holding: Petition Granted. Affirmed in Part; Reversed in Part and Remanded |
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| Additional Case Information: |
Topic: Wrongful death - Statute of limitations - Section 15-1-49 Judge(s) Concurring: Smith, C.J., Waller, P.J., Easley and Carlson, JJ. Non Participating Judge(s): Cobb, P.J., Diaz, Graves and Randolph, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - WRONGFUL DEATH |
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| Trial Court: |
Date of Trial Judgment: 11-30-2005 Appealed from: Coahoma County Circuit Court Judge: Al Smith Disposition: Granted partial summary judgment in favor of Appellee Case Number: 14-CI-02-0186 |
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| Party Name: | Attorney Name: | |||
| Appellant: | MARY JENKINS, ADMINISTRATOR OF THE ESTATE OF MILDRED WOODSON, DECEASED;
PERSONAL REPRESENTATIVE OF THE
WRONGFUL DEATH BENEFICIARIES OF
MILDRED WOODSON, DECEASED; AND
INDIVIDUALLY AS THE DAUGHTER AND HEIR
AT LAW OF MILDRED WOODSON, DECEASED |
GLOVER A. RUSSELL, JR. |
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| Appellee: | PENSACOLA HEALTH TRUST, INC., A MISSISSIPPI CORPORATION, OWNER, d/b/a GREENBOUGH NURSING CENTER AND ITS REPRESENTATIVES, AGENTS AND ALL RELATED TO SUCH DEFENDANTS; AMANDA KIRK, A MISSISSIPPI RESIDENT, ADMINISTRATOR AT GREENBOUGH NURSING CENTER; (ALL UNSPECIFIED DEFENDANTS BEING FICTITIOUS PARTIES AND UNKNOWN PARTIES IN INTEREST) | JAMES P. STREETMAN, III MARY MARGARET WAYCASTER |
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| Topic: | Wrongful death - Statute of limitations - Section 15-1-49 |
| Summary of the Facts: | Mildred Woodson lived at the Greenbough Nursing Center until her death. Following her death, Mary Jenkins, administratrix of the Woodson estate, filed suit against Pensacola Health Trust, Inc., claiming that while Ms. Woodson was a resident of Greenbough, she sustained severe personal injuries which led to her death. Pensacola filed a motion for partial summary judgment seeking to have the trial court dismiss all of the plaintiff’s claims of tortious conduct which allegedly occurred or accrued before December 31, 1999 (more than three years prior to filing suit), and all claims for which Jenkins did not provide a specific date of occurrence. The trial court dismissed, with prejudice, all claims which occurred or accrued before December 31, 1999. The trial court also granted summary judgment as to all claims of tortious conduct for which Jenkins was unable to prove the specific dates of occurrence or accrual. The Supreme Court granted an interlocutory appeal. |
| Summary of Opinion Analysis: | The question presented is whether the statute of limitations for wrongful death lawsuits is subject to the statute of limitations for the underlying tort. The statute of limitations on bringing a wrongful death claim is subject to, and limited by, the statute of limitations associated with the claims of specific wrongful acts which allegedly led to the wrongful death. The case of Gentry v. Wallace, 606 So.2d 1117 (Miss. 1992) which holds otherwise is overruled. The three year statute of limitations applicable to negligence actions is codified in section 15-1-49. Jenkins may not rely on any act of negligence which allegedly occurred three years before the complaint was filed on December 31, 2002. Claims – whether for negligence or wrongful death – that were not brought within the applicable statute of limitations are barred by that statute. Pensacola pled the statute of limitations as a defense and must therefore show that the claims for which Jenkins did not provide a specific date of occurrence were barred by that statute. It is, of course, for Jenkins to demonstrate that the acts of alleged negligence occurred at all. Should Jenkins succeed in doing so without any proof as to when the act of alleged negligence occurred, it will then be up to Pensacola to demonstrate that the statute of limitations expired prior to bringing suit on the particular claim. It is defendant's burden to establish the statute has expired on the remaining claims. |
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