CHILDREN'S MEDICAL GROUP, PA v. Phillips

940 So. 2d 931, 2006 WL 3026406
CourtMississippi Supreme Court
DecidedOctober 26, 2006
Docket2005-IA-00593-SCT
StatusPublished
Cited by50 cases

This text of 940 So. 2d 931 (CHILDREN'S MEDICAL GROUP, PA v. Phillips) 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
CHILDREN'S MEDICAL GROUP, PA v. Phillips, 940 So. 2d 931, 2006 WL 3026406 (Mich. 2006).

Opinion

940 So.2d 931 (2006)

CHILDREN'S MEDICAL GROUP, P.A.
v.
Robert PHILLIPS, Individually and as next friend and Natural Guardian of Tanner Wade Phillips and Grant Russell Phillips, minors.

No. 2005-IA-00593-SCT.

Supreme Court of Mississippi.

October 26, 2006.

*932 John L. Low, Mildred M. Morris, Jackson, attorneys for appellant.

Chuck McRae, William B. Kirksey, Minor F. Buchanan, Jackson, attorneys for appellee.

EN BANC.

DICKINSON, Justice, for the Court.

¶ 1. A husband claims in a lawsuit that the medical clinic employing his wife recklessly allowed her and a coworker to engage in an extramarital affair in the workplace and, therefore, is liable to him for alienation of affections. The husband alternatively claims the employer is vicariously liable for its employee's actions. The question presented is whether either claim can survive a motion to dismiss under Mississippi Rule of Civil Procedure 12(b)(6).

BACKGROUND FACTS AND PROCEEDINGS

¶ 2. Robert and Julie Phillips divorced in September 2004. Prior to the divorce, *933 Robert alleges that he discovered Julie was having an affair with Dr. Erwyn E. Freeman, Jr., who was Julie's coworker at Children's Medical Group, P.A. ("CMG"). Robert sued Dr. Freeman[1] and CMG,[2] claiming both were liable for alienating Julie's affections for him.[3] According to Robert's complaint, CMG "knew of and negligently and recklessly allowed the illicit relationship between the Defendant, Erwyn E. Freeman, Jr., and its employee, Julie Rawson Phillips, to be carried on while employed with said Defendant at its office and elsewhere."

¶ 3. CMG filed a Rule 12(b)(6) motion to dismiss claiming Robert's complaint failed to state a claim upon which relief could be granted. Specifically, CMG argued (1) the tort of alienation of affections requires intentional acts of misconduct, and Robert failed to allege any intentional conduct by CMG; (2) CMG owed no duty to Robert to prevent Dr. Freeman from pursuing a consensual affair with another employee; and (3) CMG was not vicariously liable for its employees' consensual sexual relationships, as those activities were beyond the employees' course and scope of employment.

¶ 4. The trial court denied CMG's motion to dismiss. CMG then sought an interlocutory appeal, which we granted. See M.R.A.P. 5.

DISCUSSION

¶ 5. A Rule 12(b)(6) motion to dismiss tests the legal sufficiency of a claim. Stuckey v. Provident Bank, 912 So.2d 859, 865 (Miss.2005). Therefore, we review de novo the denial of a motion to dismiss for failure to state a claim. Webb v. DeSoto County, 843 So.2d 682, 684 (Miss.2003). In order to reverse, "it must be such that no set of facts would entitle the opposing party to relief." Ralph Walker, Inc. v. Gallagher, 926 So.2d 890, 893 (Miss.2006); see also M.R.C.P. 12(b)(6) cmt. (to grant a Rule 12(b)(6) motion to dismiss, "there must appear to a certainty that the plaintiff is entitled to no relief under any set of facts that could be proved in support of the claim") (emphasis added).

I. Whether the trial court erred in denying CMG's motion to dismiss for failure to state a claim based on CMG's own conduct.

¶ 6. According to Robert's complaint, CMG committed the common law tort of alienation of affections by "kn[owing] of and negligently and recklessly allow[ing] the illicit relationship between the Defendant, Erwyn E. Freeman, Jr., and its employee, Julie Rawson Phillips, to be carried on while employed with said Defendant at its office and elsewhere." In order to reverse the trial court's denial of CMG's Rule 12(b)(6) motion to dismiss, we must be able to say, with certainty, that Robert cannot prove any set of facts to support his claim. See Little v. Miss. Dep't of Human Servs., 835 So.2d 9, 11 (Miss.2002); M.R.C.P. 12(b)(6) cmt.

*934 ¶ 7. There is a vast difference between the pleading burden necessary to survive a Rule 12(b)(6) motion to dismiss and the evidentiary requirements necessary to survive a motion for summary judgment under Mississippi Rule of Civil Procedure 56. A motion to dismiss under Rule 12(b)(6), as opposed to other devices in civil law, contemplates a high degree of speculation by the reviewing court. In Stuckey, we explained the differences between Rule 12 and Rule 56:

While the two rules provide for dismissal of actions, their bases are completely different. Accordingly, a Rule 12(b)(6) motion tests legal sufficiency, and in applying this rule `a motion to dismiss should not be granted unless it appears beyond a reasonable doubt that the plaintiff will be unable to prove any set of facts in support of the claim.' Missala Marine Services, Inc. v. Odom, 861 So.2d 290, 294 (Miss.2003). Quite differently, Rule 56 tests the notion of well-pled facts and requires a party to present probative evidence demonstrating triable issues of fact.

Stuckey, 912 So.2d at 865-66. Our inquiry on a Rule 12(b)(6) motion to dismiss is not limited to the specific allegations in Robert's complaint, which we must accept as true. Poindexter v. S. United Fire Ins. Co., 838 So.2d 964, 966 (Miss.2003). We are charged to consider only whether any set of facts could support Robert's action for alienation of affections against CMG. Cook v. Brown, 909 So.2d 1075, 1078 (Miss. 2005).

¶ 8. According to this Court's opinion in Walter v. Wilson, 228 So.2d 597, 598 (Miss.1969), overruled in part on other grounds by Saunders v. Alford, 607 So.2d 1214, 1219 (Miss.1992), "[u]nder the common law a husband is entitled to the services and companionship and consortium of his wife. When he is wrongfully deprived of these rights, he is entitled to a cause of action against one who has interfered with his domestic relations." The required elements of an alienation of affections lawsuit include (1) wrongful conduct of the defendant, (2) loss of affection or consortium, and (3) a causal connection between the conduct and the loss. Bland v. Hill, 735 So.2d 414, 417 (Miss.1999).

¶ 9. The "wrongful" conduct necessary to maintain an action for alienation of affections is the direct and intentional interference with the marriage relationship by the defendant. In Stanton v. Cox, 162 Miss. 438, 450, 139 So. 458, 460 (1932), the Court held that:

it must appear . . . that there had been a direct interference on the defendant's part, sufficient to satisfy the jury that the alienation was caused by the defendant, and the burden of proof is on the plaintiff to show such interference. . . . But to maintain this action it must be established that the husband was induced to abandon the wife by some active interference on the part of the defendant.

(internal citations omitted; emphasis added). See also Kirk v. Koch, 607 So.2d 1220, 1223 (Miss.1992) (defendant "directly and intentionally interfered with" plaintiff's marriage, inducing the alienation of affections); Martin v. Ill. Cent. R.R., 246 Miss. 102, 110-11, 149 So.2d 344, 348 (1963) (same).

¶ 10. It is true that Robert fails to specify CMG's conduct that directly and intentionally interfered with his marriage. However, under our rules, Robert is not required to plead the specific wrongful conduct. At the pleading stage, he is required only to place CMG on reasonable notice of the claims against it and to demonstrate that he has alleged a recognized cause of action upon which, under some set of facts, he might prevail.

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Bluebook (online)
940 So. 2d 931, 2006 WL 3026406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/childrens-medical-group-pa-v-phillips-miss-2006.