Crawford Logging, Inc. v. Estate of Irving
| Docket Number: | 2008-IA-01560-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 08-12-2010 Opinion Author: Graves, P.J. Holding: Reversed and rendered. |
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| Additional Case Information: |
Topic: Wrongful death - Release - Derivative claims Judge(s) Concurring: Carlson, P.J., Kitchens, Chandler and Pierce, JJ. Concur in Part, Concur in Result 1: Waller, C.J., Concurs in Part and in Result With Separate Written Opinion Concur in Part, Concur in Result Joined By 1: Dickinson, Randolph and Lamar, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - WRONGFUL DEATH |
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| Trial Court: |
Date of Trial Judgment: 08-26-2008 Appealed from: Hinds County Circuit Court Judge: Winston Kidd Disposition: The trial court denied summary judgment for Crawford Logging. Case Number: 251-04-1265-CIV |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Crawford Logging, Inc. |
GINNY Y. KENNEDY, CECIL MAISON HEIDELBERG |
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| Appellee: | The Estate of Roswell Irving, Jr., Deceased; Carla Irving Forte, Norma Irving King and Kelvin Edwin Irving, As Wrongful Death Beneficiaries, Surviving Children and Sole Surviving Heirs at Law of Roswell Irving, Jr., Deceased | BRANDON ISAAC DORSEY, JOHNNIE E. WALLS, SR. | ||
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 - Release - Derivative claims |
| Summary of the Facts: | Roswell Irving, Jr., was struck by a truck owned and operated by Hosie Thomas. Thomas owned H.T. Trucking and was hauling logs as an independent contractor for Crawford Logging, Inc. Irving’s wrongful-death beneficiaries filed an action against Thomas, H.T. Trucking, and John Does 1-10, alleging that the negligence of Thomas was the proximate cause of Irving’s death. Irving and Thomas participated in mediation and settled the case. Irving executed a Release of All Claims. Irving also agreed to dismiss the pending lawsuit with prejudice. Irving later filed a First Amended Complaint with Discovery Attached. This complaint named H.T. Trucking Company, Hosie Thomas, Crawford Logging, Inc., and John Does 2-10 as defendants. Irving then filed Plaintiff’s Motion for Leave to Amend Complaint to add Crawford as a defendant. Irving filed a Second Amended Complaint with Discovery Attached against only Crawford and John Doe Defendants 2-10. Crawford filed a motion for summary judgment which the court denied. Two years later, the trial court entered an Order of Referral to Mediation. Crawford then filed a petition for interlocutory appeal and stay, which was granted. |
| Summary of Opinion Analysis: | The record indicates that Irving knew no later than August 11, 2005, that Thomas was hauling logs as an independent contractor for Crawford. On November 29, 2005, Irving executed a Release of All Claims, which stated in relevant part that the wrongful-death beneficiaries and sole surviving heirs at law released Hosie Thomas, H.T. Trucking Company, and Progressive Gulf Insurance Company and all agents, servants, employees, representatives, attorneys, adjusters, investigators, officers, directors and successors and all persons, firms, corporations, and other entities in privity of interest therewith from any and all claims, demands or causes of action of any kind which Releasors may have against Releasees. Irving also agreed to dismiss the pending lawsuit with prejudice. After settling the case and executing the Release of All Claims, Irving filed, on January 9, 2006, a motion for leave to amend the complaint to add Crawford as a defendant. On January 19, 2006, the trial court entered an Order of Dismissal with Prejudice. Despite having entered an order of dismissal with prejudice, the trial court then granted the motion for leave to amend the complaint. Notwithstanding that Irving could not properly revive the lawsuit, which had been dismissed with prejudice, by amending the complaint, Irving has no viable claim against Crawford. Irving’s respondeat superior claims against Crawford are derivative claims arising solely out of the negligent conduct of Thomas. Once Irving discharged Thomas, by way of an agreement (release) which unequivocally discharged all “in privity of interest therewith,” the derivative vicarious liability claims against Crawford were extinguished. |
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