Descendants of Gilmer v. Nolen Sistrunk Trucking, Inc., et al.
| Docket Number: | 2003-WC-01261-SCT Linked Case(s): 2003-WC-01261-COA ; 2003-WC-01261-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 08-24-2004 Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Joinder - M.R.C.P. 20 Judge(s) Concurring: King, C.J., Bridges, P.J., Lee, Irving, Chandler and Griffis, JJ. Non Participating Judge(s): Barnes, J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS' COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 05-20-2003 Appealed from: Scott County Circuit Court Judge: Marcus D. Gordon Disposition: ORDER OF COMMISSION DENYING DEPENDENCY AND DEATH BENEFITS AFFIRMED Case Number: 2002-CV-279-SC |
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| Party Name: | Attorney Name: | |||
| Appellant: | Descendants of Terry Glen Gilmer, Deceased |
FRANK H. SHAW |
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| Appellee: | Nolen Sistrunk Trucking, Inc. and Georgia Casualty and Surety Company | PHILLIP PERKINS EMBRY |
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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: | Personal injury - Joinder - M.R.C.P. 20 |
| Summary of the Facts: | Charles Irby joined eight other plaintiffs in filing suit against 258 named defendants as well as 200 “John Doe” defendants in the Jones County Circuit Court for alleged exposure to asbestos and products containing asbestos. Certain defendants moved to sever and transfer or dismiss the claims based on improper joinder. The court denied the motion, and the Supreme Court granted an interlocutory appeal. |
| Summary of Opinion Analysis: | The defendants argue that the plaintiffs are improperly joined because the health and work histories are so varied that they do not meet the standards required for joinder. The case is controlled by Janssen Pharmaceutica, Inc. v. Armond, 866 So. 2d 1092, 1097 (Miss. 2004). Under M.R.C.P. 20, the plaintiffs do not have a distinct litigable event that links them together. The controversy identical to all plaintiffs is the exposure of asbestos at Ingalls Shipyard. However, the events giving rise to the litigation were quite different for each plaintiff. Although each plaintiff worked at a common workplace, Ingalls Shipyard, their employment was at different dates and times. Each plaintiff worked at Ingalls Shipyard for varying lengths of time. Each plaintiff also has a different medical history which could make it harder for some of the plaintiffs to prove causation. |
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