Williams v. Farmer

876 So. 2d 300, 2004 WL 1470562
CourtMississippi Supreme Court
DecidedJuly 1, 2004
Docket2002-CA-02094-SCT
StatusPublished
Cited by8 cases

This text of 876 So. 2d 300 (Williams v. Farmer) 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
Williams v. Farmer, 876 So. 2d 300, 2004 WL 1470562 (Mich. 2004).

Opinion

876 So.2d 300 (2004)

Derrick WILLIAMS
v.
Lisa N. FARMER.

No. 2002-CA-02094-SCT.

Supreme Court of Mississippi.

July 1, 2004.

*302 Michael Elias Winfield, Attorney for Appellant.

Omar Lamont Nelson, Dennis C. Sweet, III, Jackson, Attorneys for Appellee.

Before WALLER, P.J., CARLSON and DICKINSON, JJ.

DICKINSON, Justice, for the Court.

¶ 1. This is a case in which a father seeks to recover half the proceeds paid in settlement of the claim for the wrongful death of his illegitimate daughter. Our decision is controlled by statute, which precludes recovery by the father for the death of his illegitimate child.

¶ 2. On February 14, 1996, Derrick Williams filed a complaint against Lisa N. Farmer, seeking to establish himself as an heir of Lisa's unborn daughter, Asiah Farmer. Williams claimed he was entitled to one-half of the funds Farmer received from the wrongful death of Asiah, his illegitimate unborn child. On November 25, 2002, the chancellor entered an order ruling that Williams and his kindred could not inherit from Asiah because Williams had failed to openly treat Asiah as his child and had refused or neglected to provide support. From this order, Williams appealed and upon consideration, we affirm.

STATEMENT OF FACTS

¶ 3. In 1993, Farmer and Williams had intimate relations resulting in Farmer becoming pregnant. Farmer contacted Williams to inform him that she was pregnant. Farmer alleges Williams refused to have contact with her or acknowledge that he was the father of their unborn child, Asiah.

¶ 4. In December 1993, Farmer was involved in an automobile accident with Tommy McAlpin, while he was working for Thames Motor Company. Subsequent to the accident, Asiah died in utero and the death certificate was dated January 16, 1994.

¶ 5. In June 1994, Farmer filed suit against Thames Motor Company, McAlpin and others for the injuries Farmer sustained and for the wrongful death of Asiah. Farmer settled her individual claim against said defendants for $150,000.00 and the claim for the wrongful death of Asiah for $150,000.00.

¶ 6. Farmer never informed Williams of said claim until documents pertaining to the release of the claim required his signature. Williams signed a release for the purpose of Farmer settling the wrongful death claims against the defendants. At some point, Williams changed his mind and on February 14, 1996, Williams filed suit against Farmer for one-half of the settlement proceeds and on March 11, 1996, a motion to join Christopher and Eric Davis, Williams's children was filed.

ANALYSIS

¶ 7. The only issues presented to this Court are (1) whether the requirements of Miss.Code Ann. § 91-1-15(3)(d)(i) apply in circumstances where the illegitimate child is a fetus; and (2) whether Farmer should be equitably estopped from asserting Williams and his kindred are not wrongful death beneficiaries of Asiah Farmer. Because the first issue is dispositive of the case, we will not address the second.

¶ 8. The trial court applied Mississippi Code Ann. § 91-1-15 (Rev.1994), which addresses the questions presented to us:

(3) An illegitimate shall inherit from and through the illegitimate's natural father *303 and his kindred, and the natural father of an illegitimate and his kindred shall inherit from and through the illegitimate according to the statutes of descent and distribution if:
* * *
(d) The natural father of an illegitimate and his kindred shall not inherit:
(i) From and through the child unless the father has openly treated the child as his, and has not refused or neglected to support the child.

(Emphasis added).

a. WHETHER SECTION 91-1-15(3)(D)(i) OF THE MISSISSIPPI CODE IS APPLICABLE IN CIRCUMSTANCES WHERE THE ILLEGITIMATE CHILD IS A FETUS.

¶ 9. Williams argues that applying § 91-1-15(3)(d)(i) is in direct contravention of the legislative intent in creating Miss.Code Ann. § 11-7-13. (2003) which states in pertinent part:

if the deceased has no husband, nor wife, nor children, the damages shall be distributed equally to the father, mother, brothers and sisters, or such of them as the deceased may have living at his or her death.... The provisions of this section shall apply to illegitimate children on account of the death of the natural father and to the natural father on account of the death of the illegitimate child or children, and they shall have all the benefits, rights and remedies conferred by this section on legitimates, if the survivor has or establishes the right to inherit from the deceased under Section 91-1-15.

¶ 10. This Court has held that "in construing statutes, all statutes in pari materia are taken into consideration and the legislative intent is deduced from the consideration as a whole" Wilbourn v. Hobson, 608 So.2d 1187, 1200 (Miss.1992) (citing Allgood v. Bradford, 473 So.2d 402, 411 (Miss.1985)). It is clear from Miss.Code Ann. § 11-7-13 that in order for a father to be entitled to proceeds from a wrongful death action for an illegitimate child, he must establish his right to inherit from the child under Miss.Code Ann. § 91-1-15, which includes the § 91-1-15(3)(d)(i) requirements. Therefore, Williams's argument is without merit.

¶ 11. In 66 Federal Credit Union v. Tucker 853 So.2d 104 (Miss.2003), this Court held that Mississippi's wrongful death statute created a cause of action for the death of a fetus who is "quick" in the womb. Id. at 112.[1] The question before us now is whether Williams is required to comply with the requirements of Miss.Code Ann. § 91-1-15(3)(d)(i) in order to share in the settlement proceeds from the wrongful death claim of Asiah.

¶ 12. Williams contends that it is virtually impossible to comply with the requirements of the statute where the decedent is a fetus. He contends the he was never "afforded the opportunity to take Asiah to the zoo or to the park as she never had the benefit of breathing her first breath." He further claims that he happily agreed that Asiah was his child, and even offered financial assistance during the maternity stage, but was refused. Williams also states he was discouraged from visiting Farmer by threat from her family members. However, there is no evidence in the record that substantiates these allegations.

¶ 13. Citing Bullock v. Thomas, 659 So.2d 574, 576 (Miss.1995), Farmer correctly *304 contends that Williams has the burden of demonstrating he openly treated the child as his own and did not refuse or neglect to support her. Farmer further contends that the overwhelming and credible evidence of William's lack of involvement or interest in Asiah demonstrates his refusal and neglect to support his child.

¶ 14. The trial court found that, although Williams was the natural father of Asiah, that alone does not automatically entitle him or his children to inherit from her. The trial court, citing Estate of Patterson v.

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876 So. 2d 300, 2004 WL 1470562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-farmer-miss-2004.