Ivy. v. Culpepper Enter., Inc., et al.
| Docket Number: | 2006-IA-00975-SCT Linked Case(s): 2006-M-00975-SCT ; 2006-M-00975-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 09-06-2007 Opinion Author: DICKINSON, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Wrongful death - Transfer of venue - Intrastate forum non conveniens - M.R.C.P. 82(e) Judge(s) Concurring: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Randolph and Lamar, JJ. Dissenting Author : Easley, J. Nature of the Case: CIVIL - WRONGFUL DEATH |
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| Trial Court: |
Date of Trial Judgment: 05-03-2006 Appealed from: Lauderdale County Circuit Court Judge: Robert Bailey Disposition: Plaintiffs appeal the circuit court’s order transferring venue of their claims from Lauderdale County to Covington County on the basis of forum non conveniens. Case Number: CA-03-0444 |
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| Consolidated: 2006-IA-00863-SCT | ||
| Party Name: | Attorney Name: | |||
| Appellant: | RAPHAEL GOODWIN, JR.,
ADMINISTRATOR OF THE ESTATE OF
BARBARA GRAY GOODWIN; RAPHAEL
GOODWIN, JR., INDIVIDUALLY; EMMA
DELORES GOODWIN, A MINOR, BY AND
THROUGH HER MOTHER AND NEXT
FRIEND VALERIE HUGHES; AND THE
ESTATE OF RAPHAEL GOODWIN, SR. |
HENRY PALMER |
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| Appellee: | CULPEPPER ENTERPRISES, INC., AND APAC MISSISSIPPI, INC. | MARCUS ALFRED TREADWAY , III JAMES D. HOLLAND JAY MAX KILPATRICK ERIN S. RODGERS ROBERT L. WELLS |
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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 - Transfer of venue - Intrastate forum non conveniens - M.R.C.P. 82(e) |
| Summary of the Facts: | Joseph McCrary was involved in a motor vehicle accident in Lauderdale County. Raphael Goodwin, Sr. and Guy Thrasher died as a result of the collision, and suits were filed behalf of each. Additionally, several other claims for physical injuries and property damages resulted in eight separate suits. Two suits were brought in the Circuit Court of Lauderdale County, two in the County Court of Lauderdale County, and four in the Circuit Court of Covington County. The Goodwins filed their complaint in the Circuit Court of Lauderdale County. The Lauderdale Circuit Court, on its own motion, transferred venue of all the Goodwin claims to the Covington County Circuit Court, with the exception of a claim against Mississippi Department of Transportation. The Goodwins filed a Petition for Interlocutory Appeal, which was granted. |
| Summary of Opinion Analysis: | The Goodwins argue that the trial judge abused his discretion by transferring venue from Lauderdale County to Covington County. Section 11-11-3 provides that civil actions shall be commenced in the county where a substantial alleged act or omission occurred or where a substantial event that caused the injury occurred. The Goodwins chose to file their suit in Lauderdale County. When this suit was filed on June 27, 2002, Mississippi had no rule allowing intrastate transfer of venue based on forum non conveniens. In 2004, the Supreme Court promulgated M.R.C.P. 82(e), which allows intrastate transfer of cases for forum non-conveniens. This amendment to Rule 82, however, was not retroactive. Therefore, the trial court abused its discretion by transferring venue to Covington County. |
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