Hillary v. Trans World Airlines, Inc.

930 F. Supp. 1332, 1996 WL 406107
CourtDistrict Court, E.D. Missouri
DecidedJuly 17, 1996
DocketNo. 91-2261(C)6
StatusPublished
Cited by1 cases

This text of 930 F. Supp. 1332 (Hillary v. Trans World Airlines, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hillary v. Trans World Airlines, Inc., 930 F. Supp. 1332, 1996 WL 406107 (E.D. Mo. 1996).

Opinion

MEMORANDUM

GUNN, District Judge.

This matter is before the Court on defendant Trans World Airline’s (“TWA”) renewed motion to dismiss or in the alternative for summary judgment. Document 18. Plaintiff Rosetta Hillary has responded to the renewed motion. Document 20. The parties have also filed supplemental memoranda. Documents 22, 23. For the reasons set forth below, TWA’s motion is GRANTED.

I. BACKGROUND

Plaintiff filed this action on November 5, 1991, alleging that she was injured on March 16, 1987, while she was a passenger on a TWA flight from Los Angeles, California to New Orleans, Louisiana. Document 3. According to the complaint, the injury occurred during a stop in St. Louis, when a TWA employee negligently dropped a metal case containing a typewriter on plaintiffs head. Id. Plaintiff alleged that she suffered injuries to her head, neck, and back and suffered loss of hearing and damage to her eyesight. Id.

On December 20, 1991, TWA moved to dismiss or in the alternative for summary judgment on the ground of res judicata. Document 7. In support of the motion, TWA asserted that on April 5, 1991, plaintiff filed an identical claim against TWA arising from the same incident in the United States District Court for the Eastern District of Louisiana and attached a copy of the complaint to its motion. Id., Exh. 1. TWA moved for summary judgment in the Louisiana action, arguing that plaintiff’s claim was barred by Louisiana’s one-year statute of limitations. In response to TWA’s motion, plaintiff filed this action and moved for voluntary dismissal without prejudice of the Louisiana complaint pursuant to Fed.R.Civ.P. 41(a)(2). Document 20, Exhs. F, G. On December 2, 1991, the District Court in Louisiana granted TWA’s motion, concluding that plaintiff’s complaint was barred by the statute of limitations, and dismissed the action with prejudice. Document 7, Exhs. 2-3. The Court denied plaintiff’s motion for voluntary dismissal without prejudice under Fed.R.Civ.P. 41(a)(2) because such action would deprive TWA of a valid statute of limitations defense. Id., Exh. 3 at 2.

In response to TWA’s motion in this case, plaintiff argued that the order dismissing the Louisiana action as time-barred is not entitled to res judicata effect here because a statute of limitations defense is procedural in nature rather than substantive. Document 8. Plaintiff also noted that the Louisiana Court’s order stated that it had not considered the merits of plaintiff’s claims and that Court had expressed no opinion “as to whether this matter can now be litigated in some other forum that does not apply the Louisiana prescriptive period.” Id., exh. 1 at 2-3.

[1334]*1334Thereafter, TWA filed a suggestion of bankruptcy, Document 10, and this Court entered an order staying the action pending further order of Court. Document 11. The Court subsequently entered an order denying TWA’s pending motion without prejudice to its refiling after the lifting of the bankruptcy stay. Document 12. On July 7,1994, TWA notified the Court that the bankruptcy stay had been lifted and that TWA’s motion for summary judgment was still pending. Document 13. On July 12, 1994, counsel for plaintiff submitted a letter to the Court indicating that he had spoken with defense counsel regarding a stipulation allowing this case to go forward and had asked defense counsel to refile the motion for summary judgment pending execution of the stipulation. Document 14.

Neither party took any further action until this Court issued an order on January 3, 1996, requiring plaintiff to show cause why the case should not be dismissed for failure to prosecute. Document 15. Plaintiff filed a response to the order, Document 16, and TWA replied, re-urging its motion to dismiss or in the alternative for summary judgment. Document 18. TWA attached to its reply the unpublished decision of the United States Court of Appeals for the Fifth Circuit, affirming the District Court’s grant of summary judgment in favor of TWA in the Louisiana action. Id., Exh. 2. Plaintiff filed a supplemental response to the Court’s show cause order opposing TWA’s renewed motion. Document 20. The parties have since filed supplemental memoranda, and the matter is ripe for decision.

II. DISCUSSION

The Court will treat TWA’s motion as one for summary judgment because matters outside the pleadings have been presented to and not excluded by the Court. See Fed. R.Civ.P. 12(b). Summary judgment is appropriate “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c); see Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986); Matsushi-ta Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 1355-56, 89 L.Ed.2d 538 (1986).

TWA contends that it is entitled to judgment as a matter of law on the ground of res judicata. The underlying facts are not in dispute. The only issue before the Court, therefore, is whether the dismissal of plaintiffs identical lawsuit by the District Court in Louisiana bars plaintiffs claim here.

The preclusive effect to be given to the dismissal of plaintiffs prior, identical action must be determined by reference to Louisiana law. See Austin v. Super Valu Stores, Inc., 31 F.3d 615, 617-19 (8th Cir.1994). Under current Louisiana law, all actions arising from the same transaction or occurrence that is the subject matter of a prior final judgment are barred. La.Rev. Stat. § 13:4231; Follette v. Wal-Mart Stores, Inc., 41 F.3d 1234, 1237 (8th Cir.1994), on reh’g, 47 F.3d 311 (8th Cir.), cert. denied, — U.S. -, 116 S.Ct. 66, 133 L.Ed.2d 28 (1995). “A valid, final judgment in favor of the defendant is conclusive between the parties. It extinguishes all causes of action arising from the same transaction or occurrence that is the subject matter of the suit_” Centanni v. Ford Motor Co., 636 So.2d 1153, 1155 (La.Ct.App.), writ denied, 644 So.2d 656 (La.1994). Louisiana courts have held that a dismissal based on a plea of prescription (the statute of limitations) is a final judgment for res judicata purposes. See id.; Guidry v. Bayly, Martin & Fay, of Louisiana, Inc., 545 So.2d 567, 569-70 (La.Ct.App.), writ denied, 551 So.2d 638 (La.1989).

The Eighth Circuit’s decision in Austin

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Related

Rosetta Hillary v. Trans World Airlines, Inc.
123 F.3d 1041 (Eighth Circuit, 1997)

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Bluebook (online)
930 F. Supp. 1332, 1996 WL 406107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hillary-v-trans-world-airlines-inc-moed-1996.