Amchem Products, Inc. v. Rogers

912 So. 2d 853, 2005 WL 613445
CourtMississippi Supreme Court
DecidedMarch 17, 2005
Docket2003-IA-00237-SCT
StatusPublished
Cited by16 cases

This text of 912 So. 2d 853 (Amchem Products, Inc. v. Rogers) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amchem Products, Inc. v. Rogers, 912 So. 2d 853, 2005 WL 613445 (Mich. 2005).

Opinion

912 So.2d 853 (2005)

AMCHEM PRODUCTS, INC.; Cross-field Products Corporation; Dana Corporation; General Electric Company; Georgia Pacific Corporation; Gulf Coast Marine Supply Company; Komp Equipment Company, Inc; Laurel *854 Machine and Foundry Company; Marine Specialty Company, Inc.; National Service Industries, Inc.; Owens-Illinois, Inc.; Standard Equipment Company, Inc.; Union Carbide Corporation; Uniroyal Holding, Inc.; and Zurn Industries, Inc.
v.
Thomas L. ROGERS, et al.

No. 2003-IA-00237-SCT.

Supreme Court of Mississippi.

March 17, 2005.

*855 T. Hunt Cole, Jr., Walter G. Watkins, Jr., Thomas W. Tardy, III., Jackson, attorneys for appellants.

Warren Leon Conway, Gulfport, C. Kent Haney, Clarksdale, G. Patterson Keahey, attorneys for appellees.

EN BANC.

EASLEY, Justice, for the Court.

¶ 1. The case before the Court is an interlocutory appeal concerning the joinder of 76 plaintiffs and 136 named defendants in an asbestos mass tort case. Amchem Products, Inc., et al., (the Defendants) filed the petition for interlocutory appeal challenging the trial court's order denying the motion to sever and transfer or dismiss in the Circuit Court of the Second Judicial District of Bolivar County, Mississippi. The complaint alleged various tort and product liability claims related to asbestos exposure at approximately 250 different work locations in 20 different states. This Court granted the Defendants permission to bring this interlocutory appeal. Finding error by the trial court, we reverse and remand the case for severance of all claims with instructions to the trial court to transfer the severed cases to those jurisdictions in which each plaintiff could have brought his or her claim and dismissing without prejudice all out-of-state claims with no connection to Mississippi based upon forum non-conveniens.

PROCEDURAL HISTORY

¶ 2. On June 19, 2002, a Ninth Amended Complaint was filed in the Circuit Court of the Second Judicial District of Bolivar County, Mississippi, alleging tort and product liability claims for alleged asbestos exposure against 136 Defendants. The complaint was filed by 76 plaintiffs (the Plaintiffs), including the named plaintiff, Thomas L. Rogers (Rogers). The Defendants manufactured, distributed and sold a wide variety of products such as pharmaceutical, automotive, personal care, home appliance, chemical, and building products. The Plaintiffs worked in a variety of fields including farming, automotive, textile, railroad, education and construction industries.

¶ 3. The Defendants filed a motion to sever and transfer or dismiss the Plaintiff's claims. The Defendants' argument for the motion was that the Plaintiffs failed to meet the joinder requirements of M.R.C.P. 20 and should be severed from one another. In addition, the Defendants argued that once severed, a determination of the proper venue had to be made and a transfer of all claims that did not relate to Bolivar County, including any transfer to other Mississippi counties or dismissal of any claims that had no relation to Mississippi. The Circuit Court of Bolivar County, the Honorable Larry O. Lewis, presiding, denied the Defendants' motion on August 5, 2002.

¶ 4. Of the 76 Plaintiffs, arguably 6 have ties to the State of Mississippi. Thomas Rogers (Rogers) and Percy Norwood (Norwood) reside in Bolivar County and allege exposure in Bolivar County. William Griffin (Griffin) is a resident of Jackson County, Mississippi, although his alleged exposure did not occur in Mississippi. Three Plaintiffs, Jerry Barrington, Lee Jimmerson and Richard Brown do not reside in Mississippi although they allege exposure in Mississippi, but not in Bolivar County.

¶ 5. Of the 136 Defendants, all have done business in the State of Mississippi. Two of the Defendants have their principal place of business in Bolivar County. The trial court relied heavily upon Am. Bankers Ins. Co. of Florida v. Alexander, 818 So.2d 1073 (Miss.2001) and Prestage *856 Farms, Inc. v. Norman, 813 So.2d 732 (Miss.2002) in its opinion.

¶ 6. The trial court denied the motion to sever, transfer or dismiss. However, the trial court reserved its right to reconsider its ruling on the motion following the trial of the first trial group. The first trial group known as "Special Trial Group # 1" was to consist of three Plaintiffs: Rogers, Norwood and Griffin. On January 21, 2003, the circuit court granted permission and leave to file an interlocutory appeal to this Court for the joinder issue. Thereafter, this Court granted the Defendants' petition for interlocutory appeal and stayed all proceedings in the trial court pending resolution of the interlocutory appeal. See M.R.A.P. 5.

FACTS

¶ 7. This case was originally filed on February 16, 2001. The 76 Plaintiffs in this case alleged asbestos exposure in approximately 250 different work locations in 20 different states. There are 6 Plaintiffs who either live in Mississippi or alleged exposure to asbestos in Mississippi. The 6 Plaintiffs are (1) Thomas Rogers who resides in Bolivar County and alleged exposure working on farming and motor vehicles in Bolivar County; (2) Percy Norwood who resides in Bolivar County and alleged exposure working in various sites in Bolivar County; (3) William Griffin who resides in Ocean Springs and alleged exposure in Alabama; (4) Jerry Barrington who resides in Alabama and alleged exposure in Laurel, Natchez and Yazoo City; (5) Lee Jimmerson who resides in Alabama and alleged exposure in Ocean Springs and (6) Richard Brown who resides in Utah and alleged exposure in Gulfport. The two Bolivar County residents, Rogers and Norwood, have no similar connections to asbestos exposure. Each of these two Plaintiffs worked at different work sites at different time periods with no common employer. Rogers alleged exposure working as a farming and maintenance worker of farming and motor equipment at one farm. Norwood alleged exposure working as a maintenance laborer in a university, a concrete plant and a hospital. The other 70 Plaintiffs in the action are not Mississippi residents and did not allege asbestos exposure in Mississippi.

¶ 8. The Defendants filed a motion to sever and transfer or dismiss in the Bolivar County Circuit Court. The trial court denied the motion and set up a trial group of three Plaintiffs to proceed to trial on August 2, 2002. The trial court's findings of fact stated in part:

4) Two of the seventy-six Plaintiffs in the case, Thomas Rogers and Percy Norwood are residents of Bolivar County, Mississippi. Rogers and Norwood also allege exposure to asbestos in Bolivar County, Mississippi.
5) One Plaintiff, William Griffin, is a resident of Jackson County, Mississippi, but does not allege exposure to asbestos in Bolivar County or elsewhere in the State of Mississippi.
6) Three Plaintiffs, Jerry Barrington, Lee Jimmerson, and Richard Brown, are non-residents of the State of Mississippi who allege exposure to asbestos related products in the State of Mississippi but not in Bolivar County. The remaining seventy, out of seventy-six Plaintiffs, are non-residents of the State of Mississippi and do not allege exposure to asbestos products in the State of Mississippi.
7) Each of the Plaintiffs were exposed to asbestos at their work place. The Plaintiffs worked at different job sites in which they may have been exposed. These job sites are located [in] different *857 States other that the State of Mississippi and several foreign countries.[[1]]

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Cite This Page — Counsel Stack

Bluebook (online)
912 So. 2d 853, 2005 WL 613445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amchem-products-inc-v-rogers-miss-2005.