Mississippi Food & Fuel Workers' Compensation Trust v. Tackett

778 So. 2d 136, 2000 Miss. App. LEXIS 134, 2000 WL 311503
CourtCourt of Appeals of Mississippi
DecidedMarch 28, 2000
DocketNo. 1999-CA-00028-COA
StatusPublished
Cited by11 cases

This text of 778 So. 2d 136 (Mississippi Food & Fuel Workers' Compensation Trust v. Tackett) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mississippi Food & Fuel Workers' Compensation Trust v. Tackett, 778 So. 2d 136, 2000 Miss. App. LEXIS 134, 2000 WL 311503 (Mich. Ct. App. 2000).

Opinion

McMILLIN, C.J.,

for the Court:

¶ 1. This case involves a dispute over a fund of $35,463.18 that has been paid into the registry of the Chancery Court of Lee County. The parties to this appeal have stipulated this to be the amount of workers’ compensation benefits paid by Mississippi Food and Fuel Workers’ Compensation Trust (“the Trust”), acting as trustee for a number of self-insured employers that include Wilburn Oil, arising out of the work-related death of Tony Murphree, a Wilburn Oil employee. The parties have further stipulated that the Trust’s payments were solely for funeral and medical expenses related to Murphree’s death.

¶ 2. The funds represent a portion of a settlement between Bobbi Tackett, the adult daughter of Tony Murphree acting as sole wrongful death beneficiary of her father, and several third parties whose negligence was alleged to have been a proximate contributing cause to Mur-phree’s death. The competing claimants to the fund are (a) Bobbi Tackett as the wrongful death beneficiary and (b) the Trust, which seeks reimbursement of its payments out of this recovery. The chancellor determined that the Trust was not entitled to recover its previously-paid benefits on several different grounds. The Trust, dissatisfied with that ruling, perfected this appeal. We conclude that the chancellor erred, and we reverse and render judgment for the Trust.

I.

Facts

¶ 3. Tony Murphree, while on the job for his employer, Wilburn Oil, was killed in an [138]*138accident. Wilburn Oil was self-insured under Mississippi workers’ compensation laws by virtue of its participation in the Mississippi Food and Fuel Workers’ Compensation Trust. The Trust paid certain funeral expenses and medical bills associated with Murphree’s fatal injuries in the amount of $34,104.92. For reasons not relevant to our consideration, the parties have now agreed that the actual amount in controversy arising out of these payments is $35,463.18; the amount now held in the registry of the Lee County Chancery Court in this cause.

¶ 4. Murphree’s adult daughter, Bobbi Tackett, brought a wrongful death action against a number of defendants whose negligence was said to have contributed to Murphree’s death. After suit was filed, but before the case was tried, Tackett reached a settlement with several of the defendants. The agreed settlement exceeded the amount previously paid by the Trust as compensation benefits. Upon reaching the proposed settlement, Tack-ett’s attorney contacted Wilburn Oil to inquire as to whether Wilburn Oil would accept $10,000 in settlement of any claim it might have to these funds as such rights existed under Miss. Code Ann. § 71-3-71 (Rev.1995). That section is a part of the State’s workers’ compensation laws that permits an employer or carrier to recover previously-paid benefits out of the recovery an injured worker or his personal representative makes against third party tortfeasors. Wilburn Oil declined the proposed offer.

¶ 5. When Wilburn Oil declined the offer, Tackett filed this proceeding as a declaratory judgment action in the Chancery Court of Lee County, asking the chancellor to determine that Wilburn Oil’s right of recovery was barred on several alternative grounds. These grounds included (a) a claim that the statute of limitations had expired on the Trust’s right to pursue reimbursement out of any recovery against third parties, (b) that the Trust was es-topped from asserting its claim because of the long period after Murphree’s death during which the Trust did nothing to assert its right of reimbursement, and (c) in the alternative, that the Trust’s right of reimbursement was barred by the equitable doctrine of laches.

¶ 6. When the matter of approving the settlement against some, but not all, of the defendants in the circuit court action came on for consideration, the circuit court approved the settlement and finally released the settling defendants from liability on the condition that Tackett tender into the pending chancery proceeding an amount sufficient to satisfy the Trust’s then-unresolved reimbursement claim. Tackett agreed to this procedure, the result being that she tendered the $35,463.18 mentioned earlier in this opinion to await the outcome of the chancery litigation.

¶ 7. Ultimately, the circuit court tort action went to trial against the two non-settling defendants. In that trial, the court permitted the jury to apportion percentages of fault in Tony Murphree’s death among Murphree himself, Wilburn Oil, and those defendants remaining in the action. The jury determined that 60% of the fault lay with Murphree based on his own negligence, 39% of the fault was attributable to Wilburn Oil, and only 1% of fault could be attributed to the third party defendants remaining in the suit.

¶ 8. Upon obtaining that determination in the circuit court action, Tackett amended her pleadings in the chancery court declaratory judgment action to further suggest that it would violate principles of equity to permit the Trust to recover its previously-paid compensation benefits when a jury had determined that Wilburn Oil was 39% at fault in Tony Murphree’s death.

¶ 9. The chancellor entered summary judgment for Tackett. The chancellor ruled that there were five separate grounds to deny the Trust’s right of recovery. The reasons advanced by the chancellor were as follows:

[139]*1391. The right of reimbursement was defeated by the fact that the wrongful death beneficiary did not receive any of the compensation benefits paid by the Trust. The chancellor, in so ruling, relied on the case of U.S. Fidelity & Guaranty Co. v. Higdon, 235 Miss. 385, 109 So.2d 329 (1959).
2. The statute of limitations had expired on the Trust’s right to intervene in the wrongful death action before the Trust took any action to legally assert its right of recovery.
3. The Trust’s motion to intervene in the circuit court action was untimely under Mississippi Rule of Civil Procedure 24(a)(1).
4. The Trust’s motion to intervene was barred by the equitable doctrine of laches.
. 5. The jury’s determination that Wilburn Oil was 39% at fault in Tony Mur-phree’s death barred the Trust’s right of recovery on principles of equity.

¶ 10. We will consider these issues individually in the same order as advanced by the chancellor in his findings of fact and conclusions of law.

II.

Preliminary Comments

¶ 11. Before reaching the merits of this appeal, the Court notes the somewhat unusual notion upon which this case is premised, that notion being that the chancery court can render a declaratory judgment adjudicating the rights of parties and potential parties to a suit then pending in the circuit court. The practice of having one court determine the propriety of proceedings in another court raises significant concerns regarding the efficient administration of justice, since the management of a case, including decisions regarding the admission or exclusion of parties to the litigation, would seem to be necessarily vested in the court in which the case is pending. Nevertheless, we note that all parties and both trial courts acquiesced in the procedure followed here and, in fact, submitted the res of the dispute — the funds themselves — to the chancellor for determination.

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MISSISSIPPI FOOD AND FUEL v. Tackett
778 So. 2d 136 (Court of Appeals of Mississippi, 2000)

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Bluebook (online)
778 So. 2d 136, 2000 Miss. App. LEXIS 134, 2000 WL 311503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mississippi-food-fuel-workers-compensation-trust-v-tackett-missctapp-2000.