Estate of Johnson v. Graceland Care Cent. Of Oxford
| Docket Number: | 2008-CA-00688-SCT Linked Case(s): 2008-CA-00688-SCT |
|
| Supreme Court: | Opinion Link Opinion Date: 08-12-2010 Opinion Author: Pierce, J. Holding: 2008-CA-00688-SCT: Reversed and remanded; 2008-IA-01762-SCT: Affirmed and remanded; The motion for rehearing is denied. The previous opinion is withdrawn, and this opinion is substituted therefor. |
|
| Additional Case Information: |
Topic: Wrongful death - Statute of limitations - Section 15-1-36(5) & (6) - Disability of unsoundness of mind - Section 15-1-55 Judge(s) Concurring: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ. Procedural History: Motion for Rehearing; Dismissal Nature of the Case: CIVIL - WRONGFUL DEATH; Dismissal |
|
| Trial Court: |
Date of Trial Judgment: 03-28-2008 Appealed from: Lafayette County Circuit Court Judge: Henry L. Lackey Disposition: After a hearing on the matter, the trial court ruled that all of the plaintiff’s claims arose from alleged medical malpractice by Graceland. The trial court further held that the medicalmalpractice statute of limitations began to run the last day Johnson received treatment from Graceland, and therefore, the plaintiff’s claims were time-barred. The plaintiff’s claims were dismissed with prejudice. Case Number: L06-347 |
|
| Consolidated: Consolidated with 2008-IA-01762-SCT DeSoto Healthcare, Inc. d/b/a DeSoto Healthcare Center v. Timothy Conley; DeSoto Circuit Court; LC Case #: CV2008-0175CD; Ruling Date: 10/02/2008; Ruling Judge: Robert Chamberlin | ||
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | The Estate of Ardelua Johnson, By and Through Allie Shaw, Individually and as Executrix of the Estate of Ardelua Johnson, and for the use and Benefit of the Wrongful Death Beneficiaries of Ardelua Johnson |
SUSAN NICHOLS ESTES, CAMERON CHRISTOPHER JEHL |
|
|
| Appellee: | Graceland Care Center of Oxford, LLC, Graceland Management Company, Inc., Graceland Holdings, L. P., Graceland Inc., Lafayette LTD, Inc., Katie M. Overstreet Qtip Trust, Katie M. Overstreet Trust, Larry Overstreet and John B. ("Ley") Falkner, Mary Wilson | ANDY LOWRY, THOMAS L. KIRKLAND, JR. | ||
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. |
|
| Topic: | Wrongful death - Statute of limitations - Section 15-1-36(5) & (6) - Disability of unsoundness of mind - Section 15-1-55 |
| Summary of the Facts: | The motion for rehearing is denied. This opinion is substituted for the previous opinion. Ardelua Johnson was a resident of Graceland Care Center of Oxford, LLC, from September 1, 2001, until June 8, 2004. Johnson subsequently died on July 16, 2004. Allie Shaw, the executrix of the estate of Ardelua Johnson, served notice of intent to sue Graceland on July 7, 2006, and subsequently filed suit against Graceland on September 11, 2006. The complaint alleged multiple counts of negligence, medical malpractice, gross negligence, fraud, breach of fiduciary duty, statutory survival claims, and statutory wrongful death. Graceland filed a motion to dismiss on October 26, 2006. The trial court ruled that all of the plaintiff’s claims arose from alleged medical malpractice by Graceland. The trial court further held that the medical malpractice statute of limitations began to run the last day Johnson received treatment from Graceland, and therefore, the plaintiff’s claims were time-barred. The plaintiff’s claims were dismissed with prejudice. Johnson appeals. Ester B. Conley was treated at DeSoto Healthcare Center from August 2005 until February 23, 2006, and subsequently died on March 19, 2006. Thomas Conley, the survivor and heir of Ester B. Conley, served notice of intent to sue DeSoto Healthcare on January 10, 2008. Conley then filed the complaint in this matter on May 19, 2008. The complaint alleged negligence, gross negligence, medical malpractice, breach of contract, breach of fiduciary duty, and violation of the Mississippi Unfair and Deceptive Trade Practices Act. DeSoto Healthcare filed a motion to dismiss the suit on June 18, 2008, alleging that all of the plaintiff’s claims arose out of an alleged medical-malpractice action, and the complaint was time-barred by the medical-malpractice statute of limitations. The court denied the motion, and DeSoto Healthcare appeals. |
| Summary of Opinion Analysis: | These two cases were consolidated since they raise the identical issue which is whether the complaints were filed timely under section 15-1-36. Both plaintiffs argue that the decedents were under the disability of unsoundness of mind while residents at the nursing homes and until the times of their deaths. Section 15-1-36(5) deals with medical-malpractice claims by plaintiffs who are under the disability of unsoundness of mind. However, both defendant nursing homes claim that subsection (5) of the medical-malpractice statute is limited by subsection (6) which refers to the limitations period established in section 15-1-55. This section is applicable only where the death of the person occurs within the last year of the time for the completion of the bar. This is because, only when the decedent dies within a year of the applicable statute of limitations, can there be a time period that is both after the expiration of the applicable statute of limitations and within one year after the death of such person, as required by section 15-1-55. Regardless of whether section 15-1-36(6) incorporates section 15-1-55 in its entirety, or only the time period prescribed therein, as contended by the defendants, the result is the same. Because it is alleged that both Ardelua Johnson and Ester B. Conley remained under the disability of unsoundness of mind at the time of their deaths, section 15-1-36(6) points to section 15-1-55 as the limitations period only if there is a period in time which was after the expiration of the medical-malpractice statute of limitations and within one year of the decedent’s death. In this matter, there is no such time period, because section 15-1-36(5) allows for an action to be commenced at any time within two years of the decedents’ deaths, since the plaintiffs claim their deaths occurred prior to the decedents’ ceasing to be under the disability of unsoundness of mind. Assuming the allegations in the two complaints are true, the respective statutes of limitations began running at the time of the decedents’ deaths. At this stage in the proceedings, neither complaint can be dismissed as untimely. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
