Warner-Lambert Co., et al. v. Potts, et al.
| Docket Number: | 2003-IA-00750-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 02-03-2005 Opinion Author: Cobb, P.J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Medical malpractice - Joinder - M.R.C.P. 20 Judge(s) Concurring: Smith, C.J., Waller, P.J., Carlson, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : Graves, J. Concurs in Result Only: Easley, J. Procedural History: Interlocutory Appeal Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 03-26-2003 Appealed from: Holmes County Circuit Court Judge: Jannie M. Lewis Disposition: Denied the motion to sever and transfer. Case Number: 01-172 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Warner-Lambert Company and Parke-Davis, an Unincorporated Division of Warner-Lambert Company, John G. Downer, M.D., and Kenneth W. Stubbs, M.D. |
P. N. HARKINS, III
FRANK A. WOOD
WALTER T. JOHNSON
LEIGH DAVIS VERNON
JOHNNIE E. WALLS
GERALD H. JACKS
STEVEN D. ORLANSKY
FRANK W. HUNGER
STUART BRAGG HARMON
MARCUS ALFRED TREADWAY, III
STEPHEN P. KRUGER
MICHAEL JEFFREY WOLF |
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| Appellee: | Hellon Louise Potts, Ora Frazier, Individually and for the Wrongful Death Beneficiaries of Joe Frazier, Deceased, Charles Jones, Jr., and Mary Lou Dansby | EDWARD BLACKMON ADRIENNE ANNETT HOOPER |
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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: | Medical malpractice - Joinder - M.R.C.P. 20 |
| Summary of the Facts: | Hellon Potts, Ora Frazier, Charles Jones, Jr., and Mary Lou Dansby, residents of Holmes, Adams, Jasper and Rankin Counties, respectively, filed a medical malpractice and pharmaceutical product liability case in Holmes County against Warner-Lambert Company and its unincorporated division, Parke-Davis, together with four physicians who prescribed the drug Rezulin. The court denied the defendants’ motion to sever and transfer venue, and the Supreme Court granted an interlocutory appeal. |
| Summary of Opinion Analysis: | The constitutionality of M.R.C.P. 82(c) is the primary issue raised by Warner-Lambert. However, there is no need to reach this question, because improper joinder under M.R.C.P. 20 is dispositive. Rule 20 prohibits joinder of plaintiffs unless they assert a right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences, and if any question of law or fact common to all these persons will arise in the action. Per Janssen Pharmaceutica, Inc. v. Armond, 866 So.2d 1092 (Miss. 2004), the joinder of plaintiffs in this case simply does not meet these criteria. |
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