U.S. Fid. & Guar. Co., et al. v. Moss
| Docket Number: | 2002-IA-01961-SCT Linked Case(s): 2002-IA-01961-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 03-25-2004 Opinion Author: Smith, P.J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Personal injury - Venue - Section 11-46-13(2) - M.R.C.P. 82(d) Judge(s) Concurring: Pittman, C.J., Waller, P.J., Cobb, Easley and Dickinson, JJ. Non Participating Judge(s): Diaz and Carlson, JJ. Concurs in Result Only: Graves, J. Procedural History: Interlocutory Appeal Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 11-01-2002 Appealed from: Hinds County Circuit Court Judge: Winston Kidd Disposition: Denied the defendants' motion to change venue. Case Number: 251-01-1314CIV |
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| Note: | Interlocutory Appeal | |
| Party Name: | Attorney Name: | |||
| Appellant: | United States Fidelity & Guaranty Company and City of Meridian, Mississippi |
DAVID ZACHARY SCRUGGS
DAVID PAUL VOISIN
MYLES A. PARKER |
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| Appellee: | Richard K. Moss | ROBERT C. BOYD JAMES RANDAL WALLACE |
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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. |
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| Topic: | Personal injury - Venue - Section 11-46-13(2) - M.R.C.P. 82(d) |
| Summary of the Facts: | Richard Moss filed suit in the Circuit Court of the First Judicial District of Hinds County against the City of Meridian, a Mississippi municipal corporation, and United States Fidelity & Guaranty Company, alleging breach of contract and negligence. The City and USF&G moved for a transfer of venue pursuant to section 11-45-25, suits by and against municipalities, and section 11-11-7, actions against insurance companies. The court denied the motion and the defendants’ request to certify the order for interlocutory appeal. The Supreme Court granted the defendants Petition for Interlocutory Appeal. |
| Summary of Opinion Analysis: | Moss argues that the defendants’ failure to pay the medical provider in Hinds County is a substantial breach of duties they owed Moss and, therefore, part of his claims occurred in Hinds County. Because the City of Meridian, a subdivision of the State of Mississippi, is a defendant, section 11-46-13(2) is the controlling venue statute. Pursuant to that statute, proper venue lies in the county or judicial district thereof in which the principal offices of the governing body of the political subdivision are located. Because the City of Meridian is wholly situated in Lauderdale County, venue was proper only in Lauderdale County and not in Hinds County. Therefore, the suit should have been transferred pursuant to M.R.C.P. 82(d). |
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