Yatham v. Young, et al.
| Docket Number: | 2004-IA-01618-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 10-13-2005 Opinion Author: Cobb, P.J. Holding: Reversed and Rendered |
|
| Additional Case Information: |
Topic: Personal injury - Personal jurisdiction - Long-arm statute - Section 13-3-57 Judge(s) Concurring: Smith, C.J., Waller, P.J., Carlson, Graves, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz and Easley, JJ. Procedural History: Interlocutory Appeal Nature of the Case: CIVIL - OTHER |
|
| Trial Court: |
Date of Trial Judgment: 05-02-2004 Appealed from: Scott County Circuit Court Judge: Marcus Gordon Disposition: The trial judge denied Yatham’s motion to dismiss for lack of personal jurisdiction without a written opinion and subsequently denied Yatham’s request to file an interlocutory appeal. Case Number: 2004-CV-026-SC-G |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Anni V. Yatham |
KELLY WYCHE McMULLAN, LELAND S. SMITH |
||
| Appellee: | Cedric Rochie Young, Alexis Rashaad Young, Amberly Raquel Young, Kaitlynn Reshae Young, Erica Tucker, Timothy Tucker, Mildred Tucker and Darril Young | GARY R. KING, EUGENE COURSEY TULLOS |
|
|
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: | Personal injury - Personal jurisdiction - Long-arm statute - Section 13-3-57 |
| Summary of the Facts: | In McLean County, Illinois, a vehicle driven by Anni Yatham struck another vehicle being driven by Darril Young. Yatham was a resident of Illinois while Young and his passengers, Cedric Young, Alexis Young, Amberly Young, Kaitlynn Young, Erica Tucker and Timothy Tucker, were residents of Scott County, Mississippi. The passengers of Young’s car filed suit in the Smith County Circuit Court against Young and Yatham, and subsequently Darril Young filed a cross-claim against Yatham. The lawsuit was transferred to the Scott County Circuit Court. Yatham filed a Motion to Dismiss for lack of personal jurisdiction which the court denied. The Supreme Court granted Yatham’s petition for interlocutory appeal. |
| Summary of Opinion Analysis: | Pursuant to section 13-3-57, there are only three activities which will permit the courts of Mississippi to exercise personal jurisdiction over a nonresident defendant: if that person has entered into a contract to be performed in Mississippi; has committed a tort in Mississippi; or is conducting business in Mississippi. The only way that Yatham can be subject to personal jurisdiction before a Mississippi court is if the tort was committed in Mississippi. For purposes of our long-arm statute, a tort is committed in Mississippi when the injury results in this State. The sole cause of action in this case arose out of injuries suffered in Illinois as a result of events that occurred in Illinois. Application of the Mississippi long-arm statute is inappropriate because Illinois is the place where the tort was completed. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
