In re Est. of Wallace v. Mohamed
| Docket Number: | 2009-CA-00132-COA Linked Case(s): 2009-CA-00132-COA ; 2009-CT-00132-SCT ; 2009-CT-00132-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-07-2010 Opinion Author: Roberts, J. Holding: Reversed and remanded. |
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| Additional Case Information: |
Topic: Wrongful death - Standing - Section 91-7-233 - Section 11-7-13 - M.R.C.P. 17(a) Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee and Maxwell, JJ. Non Participating Judge(s): Carlton, J. Procedural History: Dismissal Nature of the Case: CIVIL - WRONGFUL DEATH |
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| Trial Court: |
Date of Trial Judgment: 12-15-2008 Appealed from: LOWNDES COUNTY CIRCUIT COURT Judge: Lee J. Howard Disposition: DISMISSED FOR LACK OF STANDING, DENIED SUBSTITUTION OF DECEDENT’S SON, AND ABSTAINED FROM RULING ON A RULE 60(b) MOTION FOR RECONSIDERATION Case Number: 2005-0176-CV1 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | In the Estate of Cynthia Wallace, Deceased, Personal Representative Louis M. Wallace |
SHIRLEY C. BYERS |
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| Appellee: | Emad H. Mohamed, M.D., Bristol Myers Squibb Company and Sanofi Synthelabo, Inc. | WALTER T. JOHNSON, DIANE V. PRADAT, JOSEPH GEORGE BALADI, L. CARL HAGWOOD | ||
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 91-7-233 - Section 11-7-13 - M.R.C.P. 17(a) |
| Summary of the Facts: | Louis Wallace filed a wrongful-death suit as the administrator of Cynthia Gilkey Wallace’s (Gilkey) estate. Wallace sued Dr. Emad H. Mohamed, Bristol-Myers Squibb Co., and Sanofi-Sythelabo, Inc. Dr. Mohamed intervened in the estate-administration proceedings in the Lowndes County Chancery Court and had Wallace removed as the administrator of the estate. Dr. Mohamed then successfully moved to dismiss Wallace’s wrongful-death suit. Wallace appeals. |
| Summary of Opinion Analysis: | Wallace argues that the circuit court erred when it granted Dr. Mohamed’s motion to dismiss because Wallace did not have standing to file the wrongful-death suit. Section 91-7-233 provides that administrators may commence and prosecute any personal action whatever, at law or in equity, which the testator or intestate might have commenced and prosecuted. Section 11-7-13 provides that an action for damages in a wrongful-death suit may be brought in the name of the personal representative of the deceased person. Furthermore, M.R.C.P. 17(a) states that an administrator may sue in his representative capacity without joining with him the party for whose benefit the action is brought. Wallace was the duly appointed and acting administrator of the estate. It follows that Wallace had standing to file the wrongful-death suit, and the circuit court erred when it granted Dr. Mohamed’s motion to dismiss the wrongful-death suit. |
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