Jones v. Index Drilling Co.

170 So. 2d 564, 251 Miss. 578, 1965 Miss. LEXIS 885
CourtMississippi Supreme Court
DecidedJanuary 18, 1965
DocketNo. 43200
StatusPublished
Cited by11 cases

This text of 170 So. 2d 564 (Jones v. Index Drilling Co.) 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
Jones v. Index Drilling Co., 170 So. 2d 564, 251 Miss. 578, 1965 Miss. LEXIS 885 (Mich. 1965).

Opinion

Kyle, P. J.

This case is before us on appeal by W. Arlington Jones from a judgment of the Circuit Court of the Second Judicial District of Jones County overruling the appellant’s motion for permission to intervene as a party in interest in Cause No. 7226, as shown on the general docket of said court, styled Charles Oree Williams Jr. v. Index Drilling Company, Inc., or in the alternative for an adjudication, before trial, of the appellant’s interest in the plaintiff’s claim against Index Drilling Company for damages for personal injuries alleged to have been sustained by the plaintiff as a result of the negligence of one of Index Drilling Company’s truck drivers in the unloading of two metal pipe racks and other oil well equipment.

The record shows that the plaintiff Charles Oree Williams Jr. was 18 years of age and an employee of Production Service, Inc., at the time of his injury on September 8, 1956. He was paid workmen’s compensation benefits for his injury by his employer’s insurance carrier, Maryland Casualty Company, under the Mississippi Workmen’s Compensation Act, until sometime during the year 1957, when such payments were discontinued. On October 31, 1958, he went to the law office of the appellant, Arlington Jones, a member of the Bar of the City of Hattiesburg, for legal advice. Williams asked Jones whether he was not entitled to more compensation. Jones told Williams that he would have to look into the matter, and at that time Williams signed a paper entitled “Contract for Legal Services”, in which he assigned to Jones, as attorney, “an undivided one-[583]*583fourth interest in said claim and also in and to all sum, or sums, received therefrom (one-third if the case is appealed).” Several months passed after the signing of that instrument, during which time no additional compensation was paid to Williams, and finally, sometime during the month of August 1959, Williams consulted F. B. Collins, a Laurel attorney, who told Williams that he would not interfere in the compensation matter because he had already employed an attorney to handle that, but he would take Williams ’ third party suit against Index Drilling Company.

The record that we have before us shows that Judge Collins and his associate filed two suits on behalf of Williams, as plaintiff, against Index Drilling Company, as defendant, for the recovery of damages for the injuries suffered by the plaintiff on September 8, 1956, as a result of the negligence of the defendant’s truck driver in the operation of the defendant’s truck and crane.

The first suit was filed on August 20, 1959. The cause was docketed in the Circuit Court as Cause No. 7139. The defendant Index filed its answer to the plaintiff’s declaration on October 22, 1959. On November 3, 1959, the appellant Jones filed in the cause an instrument entitled “An Intervening Petition”, which recited that it was filed “for the purpose of giving all parties notice * * * of the assigned instrument which W. Arlington Jones has in connection with the above claim.” In his petition Jones stated that Williams had executed an assignment to him of a present and vested interest in his claim for personal injuries against any and all parties to the extent and to the amount shown by the copy of said assignment which was attached to the petition and made a part thereof; that the assignment was executed by Williams after he had reached the age of 21 years; and that Jones was entitled to be paid out of the proceeds from any recovery or settle[584]*584ment the sum as shown. Attached to the petition was a copy of the above mentioned contract for legal services.

On November 3, 1959, the appellant Jones also filed in the name of Williams, as plaintiff, against the defendant Index a declaration in Cause No. 7166 alleging the same cause of action as that stated in Cause. No. 7139. On November 16, 1959, the attorneys for Index filed a motion to consolidate the two cases, for the reason that the parties litigant in both cases were the same, and the alleged cause of action in both cases was the same, and a judgment in one would be res judicata of the other. On November 19, 1959, the plaintiff Williams filed a motion signed and sworn to by himself to nonsuit or dismiss the suit filed for him by Attorney Jones and docketed as Cause No. 7166.

In his motion to dismiss without prejudice the suit filed by Jones, as attorney, in Cause No. 7166, the plaintiff alleged that on October 31, 1958, he employed Mr. Jones to represent him in his claim for workmen’s compensation against Production Service, Incorporated, or Martin’s Connection Work and Welding Shop, and that claim only; that plaintiff was injured while working for Production Service, Incorporated, on September 8, 1956, and for several months thereafter Martin’s Connection Work and Welding Shop and the Maryland Casualty Company paid workmen’s compensation to him in the approximate amount of $2,000; that sometime during the year 1957 Martin’s Connection Work and Welding-Shop and Maryland Casualty Company, its insurance carrier, ceased and refused to pay to the plaintiff any further workmen’s compensation, and on October 31, 1958, plaintiff employed Mr. Jones to represent him in his claim for further compensation. The plaintiff further alleged that after three or four months had passed and he had heard nothing further from Mr. Jones, he went to Mr. Jones’ office and inquired as to what action he had taken in the case, and he was then and there in[585]*585formed by Mr. Jones that he had written to Martin’s Connection Work and Welding Shop and Maryland Casualty Company, but he had been unable to collect from them. The plaintiff further stated in his motion that a month or two later he went back to see Mr. Jones, and he was then informed by Mr. Jones that, in his opinion, he had gotten all out of the claim that he would ever get, due to the fact that he had gone back to work. Plaintiff further stated in his motion that he then inquired of Mr. Jones if he could collect out of anyone else on account of his injuries, because at that time he was in necessitous circumstances and needed medical care, food and clothing; whereupon plaintiff was informed by Mr. Jones that he had no claim against anyone else on account of the injury complained of, and that he had gotten all that he would ever get out of the claim. The plaintiff stated that he went to see Mr. Jones still another time and was again informed that he had gotten all that he would ever get out of his claim.

The plaintiff further stated in his motion that, after being thus informed by Mr. Jones, he sought the advice of P. B. Collins, of Laurel, Mississippi; that he informed Mr. Collins of the facts in the case, and further informed Mr. Collins that he had not employed Mr. Jones to represent him in any other claim except the claim for workmen’s compensation; that Mr. Collins upon being so informed agreed to represent him in his claim against Index Drilling Company, Incorporated, in a third party action, and he thereupon signed a contract with Mr. Collins to represent him in such third party action. The plaintiff further stated in his motion that, notwithstanding the fact that he had been informed by Mr. Jones that he had no claim against any one else, and notwithstanding the fact that Mr. Jones had taken no action on his claim for workmen’s compensation up to August 20, 1959, three days after process was served upon Index Drilling [586]*586Company, plaintiff was informed by Mr.

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Bluebook (online)
170 So. 2d 564, 251 Miss. 578, 1965 Miss. LEXIS 885, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-index-drilling-co-miss-1965.