Delta Health Group, Inc. v. Estate of Pope
| Docket Number: | 2006-IA-02138-SCT Linked Case(s): 2006-IA-02138-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 10-02-2008 Opinion Author: RANDOLPH, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Wrongful death - Standing - Section 11-7-13 - M.R.C.P. 17(a) Judge(s) Concurring: SMITH, C.J., WALLER, P.J., CARLSON, DICKINSON AND LAMAR, JJ. Dissenting Author : EASLEY, J., with separate written opinion. Dissent Joined By : DIAZ, P.J., AND IN PART BY GRAVES, J. Procedural History: Summary Judgment; Interlocutory Appeal; Motion to Stay Proceedings Nature of the Case: CIVIL - OTHER; Interlocutory Appeal; Motion to Stay Proceedings |
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| Trial Court: |
Date of Trial Judgment: 11-30-2006 Appealed from: Bolivar County Circuit Court Judge: Kenneth L. Thomas Disposition: The trial court denied Delta's Motion to Dismiss, or in the alternative, Motion for Summary Judgment. Delta filed a Petition for Interlocutory Appeal and Motion to Stay Proceedings Case Number: 2004-0094 |
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| Party Name: | Attorney Name: | |||
| Appellant: | DELTA HEALTH GROUP, INC., SCOTT J. BELL, SHARON SAUERWEIN, NORA SEGUES AND
SHELBY NURSING, EHABILITATION CENTER f/k/a CHATEAU MANOR NURSING CENTER AND PENSACOLA HEALTH TRUST |
GAYE NELL LOTT CURRIE,
NICOLE COLLINS HUFFMAN,
LYNDA CLOWER CARTER,
BENJAMIN NOAH PHILLEY |
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| Appellee: | THE ESTATE OF ELLEN POPE, BY AND THROUGH JAMES PAYNE, INDIVIDUALLY AND AS THE PERSONAL REPRESENTATIVE, FOR THE USE AND BENEFIT OF THE ESTATE OF ELLEN POPE, AND ON BEHALF OF AND FOR THE USE AND BENEFIT OF THE WRONGFUL DEATH BENEFICIARIES OF ELLEN POPE | DOUGLAS BRYANT CHAFFIN, ANTHONY LANCE REINS |
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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: | Wrongful death - Standing - Section 11-7-13 - M.R.C.P. 17(a) |
| Summary of the Facts: | Ellen Pope was a resident of Shelby Nursing and Rehabilitation Center f/k/a/ Chateau Manor Nursing Home until her death. After her death, Pope’s great-nephew, James Payne, filed a wrongful-death suit against Delta Health Group, Inc; Scott J. Bell; Sharon Sauerwein; Nora Pegues; Pensacola Health Trust, Inc.; John Does 1 through 10; and Unidentified Entities 1 through 10 (as to Shelby Nursing and Rehabilitation Center f/k/a Chateau Manor Nursing Center). The suit was filed on behalf of “[t]he Estate of Ellen Pope, by and through James Payne, Individually and as the Personal Representative, for the use and benefit of the Estate of Ellen Pope, and on behalf of and for the use and benefit of the wrongful death beneficiaries of Ellen Pope.” The complaint asserted negligence, medical malpractice, gross negligence, fraud, wrongful death and breach of fiduciary duty arising out of Pope’s time at Shelby. It is undisputed that at the time this suit was commenced, no estate had been opened on behalf of Pope. Nearly seven months after filing the complaint, Payne filed a Petition for Letters of Administration. In his Petition, Payne falsely testified that he was the nephew of Pope, as Payne’s mother, Viola Ross, was Pope’s sister. The Petition for Letters of Administration was granted by the Chancery Court of Bolivar County. Payne later testified in a deposition that he was Pope’s great-nephew. Payne further testified that Viola Ross was actually Payne’s grandmother and that Payne’s mother was a niece of Pope. Discovery further revealed that at the time of her death, Pope had no living spouse, children, parent or siblings and therefore, no individuals who could be classified as a wrongful-death beneficiary of Pope. Delta filed a Motion to Dismiss, or in the alternative, Motion for Summary Judgment for Lack of Standing. Payne filed a Motion to Substitute asserting that he had standing to bring the action. The trial court entered an Order of Substitution and denied Delta’s motion. Delta filed a Petition for Interlocutory Appeal and Motion to Stay Proceedings, which was granted. |
| Summary of Opinion Analysis: | Delta argues that Payne lacked standing to bring suit not only because he was not the personal representative of the Estate at the time the complaint was filed, but because Payne was not a wrongful-death beneficiary pursuant to section 11-7-13. Payne argues that “[t]he Estate was, at all material times in this lawsuit, the proper party” and that he was properly substituted pursuant to M.R.C.P. 17(a). A right of action must be complete when an action therefor is commenced. The record is clear that at the time of the filing of the complaint, no estate had been opened on behalf of Pope, thus Payne was not the administrator of a non-existent estate. The fact that Payne subsequently was appointed as administrator does not change the undisputable fact that Payne lacked standing to commence the suit. Additionally, this action cannot rightfully proceed as Payne has no standing as a wrongful-death beneficiary of Pope under section 11-7-13. The Legislature failed to confer standing on a great-nephew. |
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