Duncan v. Madison Square Associates, Ltd.

81 So. 3d 314
CourtSupreme Court of Alabama
DecidedSeptember 16, 2011
Docket1100245
StatusPublished

This text of 81 So. 3d 314 (Duncan v. Madison Square Associates, Ltd.) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Duncan v. Madison Square Associates, Ltd., 81 So. 3d 314 (Ala. 2011).

Opinion

MAIN, Justice.

Stenum Hospital (“Stenum”), Sue Hart, James Rider, Malte Peterson, Dr. Jens Dannenberg, Dr. Karl Ritter-Lang, Dr. Heiner Beese, and Dr. Hans-Georg Ze-chel, third-party defendants in an action pending in the Madison Circuit Court (hereinafter referred to collectively as “the hospital parties”), petition this Court for a writ of mandamus directing the trial court to vacate its order denying their motion to dismiss the third-party complaint filed against them by Madison Square Associates, Ltd. (“Madison Square”), ERMC II, L.P., CBL & Associates Properties, Inc., and CBL & Associates Management, Inc. (hereinafter referred to collectively as “the mall parties”), and to enter an order dismissing the third-party complaint. We grant the petition and issue the writ.

I. Factual Background and Procedural History

In February 2007, Elizabeth Duncan slipped and fell on a wet tile floor at Madison'Square Mall in Huntsville. Madison Square Mall is owned by Madison Square; the other mall defendants manage the mall and provide security or housekeeping services. According to her second amended complaint, Elizabeth sustained a fracture to her left patella and “aggravated and/or sustained injuries to her spine, including her neck and back.” She became partially paralyzed after she underwent disk-replacement surgery at Stenum, which is located in Germany. Elizabeth and her husband, John, subsequently sued the mall parties. Elizabeth alleged claims [316]*316of negligence and wantonness resulting in the injuries she suffered when she fell; John alleged a claim of loss of consortium.

During the litigation process, the mall parties filed a third-party complaint against the hospital parties. Stenum, a German hospital, advertises on the Internet and has marketing representatives in the United States; the other hospital parties are employees and/or representatives of Stenum. In their third-party complaint, the mall parties alleged claims of medical malpractice, fraud, negligence per se, breach of contract, abandonment of contract, abandonment of professional relationship, battery, the tort of outrage, and lack of informed consent. In their prayer for relief in their third-party complaint, the mall parties requested (1) that the hospital parties be required to reimburse Madison Square for any damages awarded to the Duncans; (2) that the hospital parties be found liable for all damages incurred by the mall parties as a result of the hospital parties’ conduct; and (3) that the hospital parties be required to reimburse the mall parties for fees, costs, and expenses incurred in having to defend against the Duncans’ claims and in having to file a third-party complaint because of the hospital parties’ alleged misconduct.

The hospital parties moved to dismiss the third-party complaint, asserting all the defenses in Rule 12(b)(1) through (6), i.e., lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficiency of process, insufficiency of service of process, and failure to state a claim on which relief can be granted. The mall parties opposed the motion; the trial court denied the motion without comment, and the hospital parties then petitioned this Court for a writ of mandamus.

II. Standard of Review

This Court has recognized that “[mjandamus review is available where the petitioner challenges the subject-matter jurisdiction of the trial court based on [a third-party complainant’s] alleged lack of standing to bring the lawsuit.” Ex parte HealthSouth Corp., 974 So.2d 288, 292 (Ala.2007). Furthermore,

“ ‘[m]andamus is a drastic and extraordinary writ, to be issued only where there is (1) a clear legal right in the petitioner to the order sought; (2) an imperative duty upon the respondent to perform, accompanied by a refusal to do so; (3) the lack of another adequate remedy; and (4) properly invoked jurisdiction of the court.’ Ex parte Integon Corp., 672 So.2d 497, 499 (Ala.1995). The question of subject-matter jurisdiction is reviewable by a petition for a writ of mandamus. Ex parte Flint Constr. Co., 775 So.2d 805 (Ala.2000).”

Ex parte Liberty Nat’l Life Ins. Co., 888 So.2d 478, 480 (Ala.2003) (emphasis omitted).

III. Analysis

The hospital parties argue that the dis-positive issue presented by their petition for the writ of mandamus is whether the mall parties have standing to assert the claims made in the third-party complaint. The hospital parties maintain that the mall parties do not have standing; therefore, the hospital parties argue, the trial court does not have jurisdiction over the claims asserted in the third-party complaint and has “no alternative but to dismiss the action.” State v. Property at 2018 Rainbow Drive, 740 So.2d 1025, 1028 (Ala.1999).

This Court has explained the requirement of standing as follows:

“ ‘To say that a person has standing is to say that that person is the proper party to bring the action. To be a proper party, the person must have a real, tangible legal interest in the subject matter of the lawsuit.’ Doremus v. [317]*317Business Council of Alabama Workers’ Comp. Self-Insurers Fund, 686 So.2d 252, 253 (Ala.1996). ‘Standing ... turns on “whether the party has been injured in fact and, whether the injury is to a legally protected right.” ’ [State v. Property at ] 2018 Rainbow Drive, 740 So.2d [1025,] 1027 [ (Ala.1999) ] (quoting Romer v. Board of County Comm’rs of the County of Pueblo, 956 P.2d 566, 581 (Colo.1998) (Kourlis, J., dissenting)) (emphasis omitted). In the absence of such an injury, there is no case or controversy for a court to consider. Therefore, were a court to make a binding judgment on an underlying issue in spite of absence of injury, it would be exceeding the scope of its authority and intruding into the province of the Legislature. See City of Daphne v. City of Spanish Fort, 853 So.2d 933, 942 (Ala.2003) (‘The power of the judiciary ... is “the power to declare finally the rights of the parties, in a particular case or controversy....”’ (quoting Ex parte Jenkins, 723 So.2d 649, 656 (Ala.1998))); Allen v. Wright, 468 U.S. 737, 752, 104 S.Ct. 3315, 82 L.Ed.2d 556 (1984) (‘[T]he law of Art. Ill standing is built on a single basic idea — the idea of separation of powers.’).”

Town of Cedar Bluff v. Citizens Caring for Children, 904 So.2d 1253, 1256 (Ala.2004).

Standing requires a real injury to a legally protected right that belongs to the party asserting the claim, the hospital parties say, and cannot be based on an alleged injury to a right of a third party. Because the Duncans have not alleged that the hospital parties committed any tort that resulted in injury to them, the hospital parties argue, the mall parties cannot make such allegation on the Duncans’ behalf. The hospital parties maintain that the mall parties have appropriated the Duncans’ potential claims and have asserted causes of action in the third-party complaint as if the claims are legally protected rights belonging to the mall parties. The hospital parties also argue that the third-party complaint filed by the mall parties does not state a claim for indemnity or contribution.

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Related

Allen v. Wright
468 U.S. 737 (Supreme Court, 1984)
Quality Homes Co. v. SEARS, ROEBUCK AND CO.
496 So. 2d 1 (Supreme Court of Alabama, 1986)
Romer v. Board of County Commissioners
956 P.2d 566 (Supreme Court of Colorado, 1998)
Ex Parte International Refining & Mfg. Co.
972 So. 2d 784 (Supreme Court of Alabama, 2007)
City of Daphne v. City of Spanish Fort
853 So. 2d 933 (Supreme Court of Alabama, 2003)
Ex Parte Flint Construction
775 So. 2d 805 (Supreme Court of Alabama, 2000)
Doremus v. Workers' Comp. Self-Insurers
686 So. 2d 252 (Supreme Court of Alabama, 1996)
J.C. Bradford and Co. v. Calhoun
612 So. 2d 396 (Supreme Court of Alabama, 1992)
Ex Parte Jenkins
723 So. 2d 649 (Supreme Court of Alabama, 1998)
Ex Parte Liberty Nat. Life Ins. Co.
888 So. 2d 478 (Supreme Court of Alabama, 2003)
Town of Cedar Bluff v. Citizens Caring for Children
904 So. 2d 1253 (Supreme Court of Alabama, 2004)
Ex Parte HealthSouth Corp.
974 So. 2d 288 (Supreme Court of Alabama, 2007)
Home Insurance Company v. Stuart-McCorkle, Inc.
285 So. 2d 468 (Supreme Court of Alabama, 1973)
State v. Property at 2018 Rainbow Drive
740 So. 2d 1025 (Supreme Court of Alabama, 1999)
Ex Parte Integon Corp.
672 So. 2d 497 (Supreme Court of Alabama, 1995)
Gobble v. Bradford
147 So. 619 (Supreme Court of Alabama, 1933)

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Bluebook (online)
81 So. 3d 314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duncan-v-madison-square-associates-ltd-ala-2011.