Jaquith Nursing Home v. Yarbrough

99 So. 3d 745, 2012 Miss. LEXIS 546, 2012 WL 5259188
CourtMississippi Supreme Court
DecidedOctober 25, 2012
DocketNo. 2011-IA-00496-SCT
StatusPublished

This text of 99 So. 3d 745 (Jaquith Nursing Home v. Yarbrough) 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
Jaquith Nursing Home v. Yarbrough, 99 So. 3d 745, 2012 Miss. LEXIS 546, 2012 WL 5259188 (Mich. 2012).

Opinions

KITCHENS, Justice, for the Court:

¶ 1. In this wrongful death action, filed by the decedent’s niece, the defendants moved to dismiss the case, arguing that the niece did not have standing to file the complaint. At the same time, the decedent’s brother’s estate filed a motion to substitute as the real party in interest. The trial court denied the motion to dismiss and granted the substitution, and the case is now before us on interlocutory appeal. Finding the niece was an “interested party” as an heir-at-law of the decedent, we affirm the trial court’s decision and remand the case for further proceedings.

I.

¶ 2. Walter Yarbrough, the decedent, was incapable of caring for himself because of a severe mental impairment. For much of his life, Walter’s family tended to his needs, but in 1976, Walter became a permanent resident of the Mississippi State Hospital’s Jaquith Nursing Home, where he lived until his death in 2002. When Walter died, his closest living relative was his brother, Spencer. Walter’s other sibling, Thomas, had died before Walter, and Thomas was survived by two children, Nellie Andrews and Thomas J. Yarbrough, Jr.

¶ 3. The same year that Walter died, his niece, Andrews, filed this wrongful death action against Jaquith, the State Hospital, [746]*746the Mississippi Department of Health, and other unknown defendants (collectively “Jaquith”), referring to herself as Walter’s “personal representative.” More than two years after filing the complaint, Andrews filed a Petition for Letters of Administration for Walter Yarbrough in the Chancery Court of Rankin County, Mississippi, and on May 2, 2005, she was appointed admin-istratrix of Walter’s estate. The letters of administration declared that Walter had died intestate, and that Andrews, Thomas J. Yarbrough, Jr. (Andrews’s brother), and Spencer Yarbrough (Walter’s brother), were Walter’s “sole and only heirs at law.” The letters took notice of the pending claim against Jaquith.

¶4. On May 16, 2005, in response to Jaquith’s interrogatories, Andrews listed herself, Spencer, and Thomas as Walter’s wrongful death beneficiaries, noting that she and Thomas were Walter’s niece and nephew and that Spencer was Walter’s brother. Andrews also replied that an estate had been opened in chancery court and that she was appointed administratrix.

¶ 5. In 2006, Andrews was deposed and testified that she became Walter’s personal representative before his death. According to Andrews, Spencer had been acting as Walter’s representative but became incapacitated due to a stroke. It is unclear from the record exactly when Spencer was no longer capable of serving as his brother’s representative. However, Andrews indicated in her deposition that she made Walter’s healthcare decisions shortly before his death. Andrews also testified that she obtained Walter’s medical records and acted as the family’s representative in pursuing this wrongful death claim. According to Andrews, “the family” collectively decided to sue Jaquith.

¶ 6. On October 6, 2008, the defendants filed a motion to dismiss or for summary judgment, arguing that Andrews lacked standing to file the complaint because she was not a wrongful death beneficiary and was not appointed administratrix of Walter’s estate until after the complaint had been filed. In response, Nancy Yarbrough (Spencer’s wife and Walter’s sister-in-law), moved to substitute herself as the real party in interest in her capacity as admin-istratrix of Spencer’s estate. Spencer had died in 2007, and the Bolivar County Chancery Court had appointed Nancy as admin-istratrix of her husband’s estate. The letters of administration found that Spencer’s only significant asset was the wrongful death claim against Jaquith and that Spencer was Walter’s sole wrongful death beneficiary. The Bolivar County Chancery Court authorized Nancy:

to pursue said claim on behalf of [Spencer’s] estate and the heirs at law of the decedent and, specifically to insure that said claim is preserved for and on behalf of the heirs at law of the decedent, to ratify the commencement of the current action by Nellie Andrews and to file a motion in the Circuit Court of Rankin County, Mississippi for joinder and/or to substitute herself, as Administratrix, and this estate as the real party in interest in said litigation.

The same attorneys who filed the wrongful death complaint also filed Nancy’s motion to substitute. One of the attorneys later withdrew from the case, but his cocounsel continues to represent both Nancy and Andrews.

¶ 7. The trial court denied Jaquith’s motion to dismiss and granted Nancy’s motion to substitute. Citing Mississippi Rule of Civil Procedure 17(a), the order found that Nancy, as the administratrix of Spencer’s estate, was a real party in interest and that she had “initiated her substitution as a party plaintiff, joined and ratified the commencement of this civil action [747]*747within a reasonable time following objection by the Defendants.”

¶ 8. Fifteen months later, Jaquith filed a motion to reconsider, citing this Court’s decision in Burley v. Douglas, 26 So.3d 1013 (Miss.2010), reh’g denied (February 18, 2012). Jaquith again argued that, because Andrews lacked standing to file the wrongful death complaint, the court did not have subject matter jurisdiction. Ja-quith contended that Andrews was not Walter’s personal representative, she was not a wrongful death beneficiary or interested party, and, at the time the complaint was filed, neither Walter’s nor Spencer’s estate existed.

¶ 9. The trial court again rejected these arguments and denied Jaquith’s motion for reconsideration. Citing Burley, the court found that Andrews was an heir-at-law and, therefore, had the authority to file the complaint as an “interested party.” The order noted, “[w]hile the court is concerned that Nellie Andrews identified herself as ‘personal representative’ at the time the complaint was filed, the defendants have produced no authority to show that such a designation in the complaint itself is controlling.” As an alternative reason for denial, the judge found that Jaquith’s motion for reconsideration was not filed within a reasonable time under Rule 60 of the Mississippi Rules of Civil Procedure.

II.

¶ 10. Mississippi’s wrongful death statute provides, in pertinent part:

The action for such damages may be brought in the name of the personal representative of the deceased person or unborn quick child for the benefit of all persons entitled under the law to recover, or by widow for the death of her husband, or by the husband for the death of the wife, or by the parent for the death of a child or unborn quick child, or in the name of a child, or in the name of a child for the death of a parent, or by a brother for the death of a sister, or by a sister for the death of a brother, or by a sister for the death of a sister, or a brother for the death of a brother, or all parties interested may join in the suit....

Miss.Code Ann. § 11-7-13 (Rev.2004). Thus, this Court has held that a wrongful death action may be brought by “(1) by the personal representative on behalf of the estate and all other persons entitled to recover; (2) by one of the wrongful death beneficiaries on behalf of all persons entitled to recover; or (3) by ‘all interested parties.’” Long v. McKinney, 897 So.2d 160, 168 (Miss.2004).

¶ 11. In Burley v.

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Cite This Page — Counsel Stack

Bluebook (online)
99 So. 3d 745, 2012 Miss. LEXIS 546, 2012 WL 5259188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jaquith-nursing-home-v-yarbrough-miss-2012.