Cases

Bedford Health Props., LLC v. Estate of Williams, 946 So. 2d 335 (Miss. 2006)

Plaintiff filed suit alleging various claims: negligence; medical malpractice; malice and/or gross negligence; fraud; breach of fiduciary duty; statutory survival claim; and statutory wrongful death. After Defendants answered, Plaintiffs, moved to substitute parties and for leave to amend the complaint. Several incorrect defendants were dismissed. More than a year after the Plaintiffs’ motion was filed, the court granted leave to amend the complaint and substitute defendants. The estate then filed an amended complaint naming additional defendants. Defendants then filed a motion for summary judgment, contending the amended complaint did not relate back to the original complaint pursuant to M.R.C.P. 15(c). The trial court denied the motion but granted a certificate for interlocutory appeal, and the appeal was granted. On appeal, the issues were (1) whether the Estate properly substituted a defendant for a fictitious party; (2) whether the Estate’s amended complaint relates back pursuant to M.R.C.P. 15; and (3) whether the Estate’s claim was time-barred by Miss. Code Ann. § 15-1-36. The court found that Plaintiff did not properly substitute a fictitious party under Rule 9(h); instead, Plaintiff substituted incorrect parties for the correct ones. The court also found that the correct nursing facility and therefore the correct employee defendants were known. The court found that the amended complaint, which corrected the “place” where the injury occurred, related back to defendants of the original suit who remained in the case. The court found that Rule 15 was satisfied as to defendants that had notice of the original suit (the new corporate defendants were related corporations), but was not satisfied as to defendants where there was no proof of notice (individuals). As to those defendants with notice, the complaint was not barred by the statute of limitations.

Published by
David McGuffey

Recent Posts

Getting a recorded statement introduced in evidence

Elder law attorneys sometimes find themselves in various types of litigation ranging from guardianship cases,…

1 week ago

2027 Social Security COLA

Today the Social Security Administration announced the Cost of Living Adjustment for next year, posting…

2 weeks ago

Good Lawyers Solve Problems, They Don’t Create Them

Years ago I had the pleasure of knowing Arvin Reingold, a Chattanooga lawyer. He was…

4 weeks ago

Stock Research

When you're looking at investing, there is no substitute for qualified competent advice. Having said…

1 month ago

My Views on Investing

My thoughts on investing may or may not help you. I don't claim to be…

2 months ago

Amount of compensation; multiple conservators; forfeiture; renunciation; O.C.G.A. § 29-5-50

Compensation of the Conservator is generally addressed at O.C.G.A. § 29-5-50. There, the Code provides:…

4 months ago