The Commercial Bank v. Hearn, et al.
| Docket Number: | 2004-IA-02095-SCT Linked Case(s): 2004-M-02095-SCT2004-IA-02095-SCT |
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| Oral Argument: | 09-27-2005 | |
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| Supreme Court: | Opinion Link Opinion Date: 01-12-2006 Opinion Author: Dickinson, J. Holding: REVERSED AND RENDERED |
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| Additional Case Information: |
Topic: Wrongful death - Scope of employment - Respondeat superior - M.R.C.P. 56(c) Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : Easley and Graves, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - WRONGFUL DEATH |
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| Trial Court: |
Date of Trial Judgment: 08-16-2004 Appealed from: Lauderdale County Circuit Court Judge: Robert Bailey Disposition: Denied Appellant's Motion for Summary Judgment Case Number: 02-CV-268B |
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| Party Name: | Attorney Name: | |||
| Appellant: | The Commercial Bank, Kemper County, DeKalb, Mississippi |
MICHAEL WAYNE STRAHAN, J. RICHARD BARRY |
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| Appellee: | James Hearn, Individually, as Administrator of the Estate of Princess Rosa Hearn, Deceased, as Natural Guardian and Next Friend of Paris A. Hearn, Jennifer R. Hearn, and Joshua Hearn, All Minors, and on Behalf of All Wrongful Death Beneficiaries and Statutory Heirs, Known and Unknown of Princess Rosa Hearn, Deceased, and Pattie A. Hearn | GRACE WATTS MITTS, ROBERT H. COMPTON |
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| Topic: | Wrongful death - Scope of employment - Respondeat superior - M.R.C.P. 56(c) |
| Summary of the Facts: | The Commercial Bank of Dekalb employed Dexter Thornton to manage its Medical Center Branch. While delivering a United Way pledge solicitation package to a local business, Thornton hit a vehicle driven by Pattie Hearn. Pattie’s infant child died from injuries she sustained in the collision. Pattie and her husband, James, filed suit against Thornton, the Bank, and Progressive Gulf Insurance Company, seeking compensation for the wrongful death of their child and the injuries sustained by Pattie. The Bank filed a motion for summary judgment which the court denied. The Bank filed a petition seeking interlocutory appeal which the Supreme Court granted. |
| Summary of Opinion Analysis: | Thornton and the Bank argue that Thornton’s activities were outside the scope of his employment, and that no facts are present in the record which would allow a reasonable jury to find otherwise. It is undisputed that Thornton used his personal vehicle to make the deliveries for the United Way and that the Bank did not reimburse him for mileage. It is further undisputed that the Bank was not a member of United Way and never ordered or approved Thornton’s activities for the United Way. The most that can be presumed is that the Bank may have indirectly benefitted from Thornton’s activities at the time of the accident. An indirect benefit to the employer, however, is not the appropriate test for respondeat superior. While there may be substantial evidence that the Bank encouraged Thornton’s participation in charitable activities and benefitted therefrom, far more is required to impute liability to the Bank under the doctrine of respondeat superior. The Hearns produced no evidence to show that making charitable solicitations for the United Way is the kind of work Thornton was employed by the Bank to perform. The Hearns argue that facts might be developed at trial which more clearly show the Bank’s approval and involvement in Thornton’s charitable activities. M.R.C.P. 56(c) does not provide for evidence which might be introduced or developed at trial. The party resisting summary judgment must produce any such evidence in opposition to the motion. It is thus incumbent upon a plaintiff to respond to a motion for summary judgment by demonstrating material factual disputes. The Hearns failed to produce evidence that Thornton was, indeed, acting within the scope of his employment, and Rule 56 provides that, under such circumstances, judgment shall be rendered forthwith. |
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