Holmes v. McMillan


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Docket Number: 2008-IA-01191-SCT
Supreme Court: Opinion Link
Opinion Date: 11-19-2009
Opinion Author: Dickinson, J.
Holding: Reversed and remanded
Additional Case Information: Topic: Personal injury - Venue - Section 61-9-3(3) - Section 11-11-3(1)(a)(i)
Judge(s) Concurring: Waller, C.J., Carlson, P.J., Randolph, Lamar, Chandler and Pierce, JJ
Dissenting Author : Graves, P.J., with separate written opinion.
Dissenting Author : Kitchens, J., with separate written opinion.
Procedural History: Interlocutory Appeal
Nature of the Case: CIVIL - PERSONAL INJURY; Interlocutory Appeal
Trial Court: Date of Trial Judgment: 06-20-2008
Appealed from: Hinds County County Court
Judge: Houston James Patton
Disposition: The trial court found that venue was proper in Hinds County.
Case Number: 251-07-6595-COV
  Party Name: Attorney Name:   Brief(s) Available:
Appellant: SHANNON HOLMES AND STATE FARM MUTUAL AUTOMOBILE INSURANCE




 HENDERSON JONES, PHILIP W. GAINES, JEREMY T. HUTTO



  
  • Appellant #1 Brief
  • Appellant #1 Reply Brief
    		•
    Appellee: LEE McMILLAN GREGORY K. DAVIS, TYLVESTER OTIS GOSS  
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    Topic: Personal injury - Venue - Section 61-9-3(3) - Section 11-11-3(1)(a)(i)
    Summary of the Facts: This case arises out of a traffic accident between a resident of Rankin County and a resident of Hinds County. The parties dispute whether the accident occurred in Rankin County or in Hinds County.The plaintiff sued the defendants in Hinds County, and the defendants filed a motion to transfer venue to Rankin County. The trial court found that venue was proper in Hinds County, and the defendants filed an interlocutory appeal.
    Summary of Opinion Analysis: The accident in this case took place in the roundabout intersection of International Drive and Old Brandon Road, at the entrance to the Jackson-Evers International Airport. The trial court found that although this is physically located in Rankin County, the City of Jackson has jurisdiction over the matter in that it is leading to the airport and it is part of the airport property. McMillan argues that section 61-9-3(3), which regulates ordinances to incorporate properties constituting an airport or air navigational facility into the corporate boundaries of a municipality, places venue in Hinds County. The plain language of section 61-9-3(3) indicates that the venue requirement of this section applies for trials of violations of laws, ordinances, and local options which result from actions by municipal officials and any laws which are of and applicable to the municipality which incorporated an airport or air navigational facility. Here, section 61-9-3(3) is inapplicable as the alleged violations are not against laws resulting from action by the municipal officials of Jackson, nor are they laws which are “of and applicable to” the City of Jackson. Pursuant to section 11-11-3(1)(a)(i), venue is proper in Rankin County. The plaintiff cannot establish venue in Hinds County pursuant to that statute. There is no dispute that Holmes was a Rankin County resident. Furthermore, there is no dispute that the location where the accident occurred, giving rise to this suit, is physically in Rankin County. McMillan also sued his uninsured motorist insurance carrier, State Farm, for breach of contract, claiming it breached the contract of insurance by its failure to pay the claim. The record clearly establishes that the decision to reject the plaintiff’s settlement demand was made in Alabama, and was communicated by letter which bore an Alabama return address – not in person at McMillan’s residence. Nothing in the record – and nothing provided by McMillan – suggests that the rejection of the settlement demand was connected to Hinds County. Thus, Hinds County is not an appropriate venue for McMillan’s breach-of- contract claim.


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