Clayton v. Batesville Casket Co Inc.

2015 Ark. App. 361, 465 S.W.3d 441, 2015 Ark. LEXIS 419, 2015 Ark. App. LEXIS 445
CourtCourt of Appeals of Arkansas
DecidedJune 3, 2015
DocketCV-13-819
StatusPublished

This text of 2015 Ark. App. 361 (Clayton v. Batesville Casket Co Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clayton v. Batesville Casket Co Inc., 2015 Ark. App. 361, 465 S.W.3d 441, 2015 Ark. LEXIS 419, 2015 Ark. App. LEXIS 445 (Ark. Ct. App. 2015).

Opinion

BRANDON J. HARRISON, Judge

11A casket bearing the remains of Frank Clayton lies buried in a Newton County cemetery, where it has been interred for almost twenty years. The casket was manufactured by appellee Batesville Casket Company and was sold in 1996 to Frank’s widow, appellant Zelma Magby, and his son, appellant Garry Clayton, by appellee Humphrey Funeral Service.

In 2010, Clayton and Magby sued Bates-ville and Humphrey based on a belief that the casket’s seal had been breached by water. Their complaint contained over a dozen counts and alleged similar problems with other Batesville caskets. Batesville and Humphrey moved to dismiss, citing the statute of limitation and the complaint’s failure to plead damages caused by a defect in the Clayton casket. The circuit court dismissed all causes of action with prejudice. We affirm.

|?In reviewing the grant of a motion to dismiss, we focus on the content of the pleadings and treat the facts alleged in the complaint as true and view them in the light most favorable to the plaintiff. Hall v. Janes, 2015 Ark. 2, 453 S.W.3d 674. We will not reverse unless the circuit court abused its discretion in granting the motion to dismiss. See id.

The relevant pleadings in this case began in January 2008 when Clayton joined a class-action suit that had been filed in federal court against Batesville. The case pled that Batesville had guaranteed its caskets to resist penetration by water and other gravesite substances and that, because that guarantee was false, Batesville had violated the Arkansas Deceptive Trade Practices Act (ADTPA), breached warranties and contracts, committed fraud, and been unjustly enriched. On 1 October 2009, Clayton voluntarily nonsuited his federal-court case.

Less than a year later, on 30 September 2010, Clayton and Magby sued Batesville and Humphrey in Pope County Circuit Court, pleading most of the same counts that had been raised in the dismissed class-action suit — violation of the ADTPA, breach of warranty, breach of contract, and fraud. They also added several other causes of action: negligent design; negligent manufacturing; strict liability; outrage; violation of property rights involving a corpse (which was part of the strict-liability count); violation of a Federal Trade Commission (FTC) order; violation of “the funeral rule,” a federal regulation aimed at funeral providers; and civil action by a crime victim, pursuant to Arkansas Code Annotated section 16-118-107 (Supp. 2013). Their complaint essentially alleged that they had purchased a Bates-ville casket from Humphrey in 1996, that the |Rcasket was warranted not to leak for forty years after interment, and that they “learned that they may have been defrauded” in 2005 after becoming aware of other incidents involving Batesville’s caskets.

Because the Clayton casket was purchased in 1996 and the state-court complaint was not filed until 2010, Batesville and Humphrey moved to dismiss based on the statutes, of limitation — which ranged from three to five years on the claims pled in the complaint. Clayton and Magby responded that they could not have-discovered their claims until 2006 (a date set forth in an amended complaint) given Bates-ville’s and Humphrey’s fraudulent concealment. See Hipp v. Vernon L. Smith & Assocs., Inc,, 2011 Ark. App. 611, 386 S.W.3d 526 (holding that fraudulent concealment suspends the running of the statute of limitation until such time as the plaintiff discovers the fraud or should have discovered it by reasonable diligence).

The circuit court took up the issues and immediately trimmed three counts from Clayton and Magby’s complaint: violation of the FTC order for want of a private cause of action; violation of the funeral rule for want of a private cause of action; and civil action by a crime victim for want of conduct that constituted a crime. Clayton and Magby do not challenge these dismissals on appeal, so we affirm them without further discussion.

The circuit court then turned to the statute-of-limitation questions and ruled that Clayton and Magby failed to plead facts showing fraudulent concealment by Batesville and Humphrey. Consequently, in orders dated 30 March 2012, the court dismissed most of Clayton and Magby’s claims as time-barred. The only exceptions were the claims that Clayton had voluntarily dismissed in his federal-court case — violation of the ADTPA, |4breach of warranty, breach of contract, and fraud. The court reasoned that Clayton’s refiling of those claims within one year after their being nonsuited saved them from being dismissed. See Ark.Code Ann. § 16-56-126 (Repl. 2005) (the Arkansas Savings Statute).

Clayton and Magby asked for reconsideration and a chance to amend their complaint, despite having already amended it at least twice. The court allowed yet another amendment and emphasized that, if Clayton and Magby were to avoid a time-bar, they must plead facts showing Bates-ville’s and Humphrey’s fraudulent concealment. Clayton and Magby filed a third amended comjplaint, which stated that, due to fraudulent concealment, Clayton had not learned of his claims until 2006. The complaint did not say when Magby learned of her causes of action.

The court was generally satisfied that Clayton and Magby’s amendment made a case for fraudulent concealment. Nevertheless, in an order entered on 14 January 2013, the court dismissed most of their claims. The court ruled that, because Clayton had pled that he learned of his claims in 2006, the September 2010 complaint was too late to preserve his counts for negligent design, negligent manufacturing, breach of warranty, strict liability, fraud, outrage, and violation of property rights involving a corpse, all of which carried either three-year or four-year statutes of limitation. The court left standing Clayton’s claims for breach of contract and violation of the ADTPA, which were subject to five-year statutes of limitation. As to Magby, the court dismissed all of her claims because the complaint did not specify when she became aware of them.

At this point, the presiding judge, Judge Kenneth Coker, transferred the case to Judge Dennis Sutterfield for administrative reasons. Judge Sutterfield reviewed the entire |Bcase and entered an order on 24 May 2013 that dismissed all of Clayton and Magby’s claims with prejudice. Judge Sutterfield stated that he agreed with the earlier, partial dismissal by Judge Coker but that, in addition, “none of the causes of action should survive because sufficient facts have not been plead to establish actual injury or damages to the plaintiffs.” More precisely, he ruled that “there have been no facts set forth in the plaintiffs’ pleadings which establish any actual defects or failure of the casket involved in this lawsuit which resulted in any harm, injury or recoverable damages to the plaintiffs.” Clayton and Magby appealed.

We begin with Judge Sutter-field’s ruling that Clayton and Magby failed to plead facts showing any harm from a defect or failure in the casket they purchased. The essential law of pleading is that a plaintiffs complaint must contain a statement in ordinary and concise language of facts showing the pleader is entitled to relief. Dockery v. Morgan, 2011 Ark. 94, 380 S.W.3d 377; Ark. R. Civ. P. 8(a) (2014).

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Bluebook (online)
2015 Ark. App. 361, 465 S.W.3d 441, 2015 Ark. LEXIS 419, 2015 Ark. App. LEXIS 445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clayton-v-batesville-casket-co-inc-arkctapp-2015.