Illinois Central R.R. Co. v. Gregory
| Decision Date | 17 March 2005 |
| Docket Number | No. 2003-IA-01795-SCT.,2003-IA-01795-SCT. |
| Citation | 912 So.2d 829 |
| Parties | ILLINOIS CENTRAL RAILROAD COMPANY v. Leon GREGORY, M.W. Steinhauer, Ervin Lewis, Carl F. Boshers, Nathaniel Finley, Roy Lee Christopher, Howard E. Crawford, Luther Stevison and Johnny Wilson, Jr. |
| Court | Mississippi Supreme Court |
Glenn F. Beckham, Greenwood, attorney for appellant.
Andrew M.W. Westerfield, Alva A. Hollon, Jr., attorneys for appellees.
EN BANC.
¶ 1. This is a Rule 20 joinder case. Plaintiffs/Appellees in this case state that the case is the same as Illinois Central R.R. v. Travis, 808 So.2d 928 (Miss.2002), and heavily rely on Travis for their argument that joinder under M.R.C.P. 201 is proper for them. They assert that if this Court does not affirm the trial court's denial of defendant ICRR's Motion to Transfer and/or Dismiss, we are left with no alternative but to overrule Travis, and "sap Armond of its vitality" regarding aggregation in "mature torts." We agree that due to the recent development in our Rule 20 jurisprudence, Travis would likely not be decided in the same way today, but we disagree that our decision today is in derogation of Armond, as explained below. Further, we hold that the facts of the present case do not pass the test for proper joinder under Miss. R. Civ. Proc 20, thus we reverse the trial court and remand for further proceedings consistent with this opinion.
¶ 2. The plaintiffs in this case are nine present and/or past employees of Illinois Central Railroad (ICRR), who filed suit against ICRR in the Tunica County Circuit Court. The plaintiffs (hereafter "Employees") allege that they suffered injuries during the course and scope of their employment with ICRR as a result of the negligent acts and omissions2 by ICRR in violation of the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51 et seq. Specifically, the employees claim that they suffered occupational lung disease due to exposure to toxic substances including asbestos, asbestos-containing products, diesel exhaust, silica rock dust and coal. ICRR filed a Motion to Transfer and/or Dismiss, which the circuit court denied, although the circuit court allowed certification of interlocutory appeal to this Court. ICRR then petitioned for, and we granted the interlocutory appeal. See M.R.A.P. 5.
¶ 3. The following table, taken from ICRR's brief, and adopted by the employees, gives a succinct summary of pertinent information for each employee:
Name Residence Alleged Work Craft Alleged Claims
Locations Dates of Exposure
Employment in Tunica
with ICRR County
Boshers Hernando, Memphis Laborer/ 1966 - 1989 yes
MS carman
Christopher Millington, Ill. to Memphis trackman 1948 - 1989 no
TN
Crawford Memphis, Memphis laborer/ 1967 - 1981 no
TN carman/
material
handler
Finley Memphis, Memphis carman/ 1974 - 1981; no
TN yardman/ 1995 -
airman present
Gregory Tunica, MS Fulton, KY to trackman/ 1971 - 2000 yes
New Orleans switch
oiler
Lewis Terry, MS Jackson carman 1963 - no
present
Steinhauer Jackson, Jackson carman 1973 - no
MS present
Stevison Memphis, "all over" Miss. trackman/ 1946 - 1987 yes
TN welder
helper/
section
foreman
Wilson Memphis, Memphis - trackman 1973 - 1988; yes
TN Mobile 1990 -
present
¶ 4. In its Order Denying Defendant's Motion to Transfer and/or Dismiss, the circuit court stated in pertinent part:
The Court finds that similar issues have previously been ruled on through an interlocutory appeal in the case of Illinois Central Railroad v. Travis, 808 So.2d 928 (Miss.2002)....
The Court finds that the Defendant has admitted that venue is proper for one (1) Plaintiff, Leon Gregory, who resides in Tunica County, Mississippi and has alleged exposure in the Complaint to asbestos and other hazardous materials in Tunica County while employed by the Defendant. The Court further finds that one(1) Plaintiff lives in Desoto County, Mississippi and alleges common exposures as the other Plaintiff in Tunica County. Two(2) Plaintiffs live in Memphis, Tennessee that allege common exposure with other Plaintiffs in Tunica County. Two(2) Plaintiffs live in Mississippi and allege exposure common to other Plaintiffs in Hinds County. One(1) Plaintiff lives in Millington, Tennessee and alleges exposure common with other Plaintiffs in Alcorn and Tushimingo[sic] Counties in Mississippi and two(2) Plaintiffs live in Memphis, Tennessee that allege common exposure with other Plaintiffs in Memphis, Tennessee.
....
The Court further finds that for joinder to be proper in the case at bar, the cause of actions must arise out of similar3 transactions or occurrences. In that regard, the Court finds that in the case at bar there are questions of law or fact common to all Plaintiffs, which include: ...4
Based on the above, the Court finds that Plaintiffs are properly joined in this case under Rule 20 MRP ....5
(emphasis added).
¶ 5. ICRR argues that joinder is improper in this case for these plaintiffs because their employment consisted of work in different crafts at different work sites during different periods of time; plaintiffs have made no specific allegations concerning the work history or exposure of each; and there is no transaction or occurrence or distinct litigable event common to all plaintiffs. The standard of review for joinder cases is abuse of discretion. Janssen Pharmaceutica, Inc. v. Armond, 866 So.2d 1092, 1097 (Miss.2004).
¶ 6. Employees argue that based on Travis and affirmed by this Court's recent decision in Armond, joinder is proper in this case, and that ICRR has failed to show that the trial court abused its discretion in denying ICRR's motion to transfer and/or dismiss. A review of Travis and Armond will help in understanding the employees' position. In Travis, Mr. Travis worked for ICRR for 41 years from 1949 through 1990. Later he was diagnosed with asbestosis and died from lung cancer within the year. Travis's wife joined 71 other former ICRR employees and filed a complaint under FELA. Twenty-seven additional plaintiffs were joined by amendment, bringing the total to 98 plaintiffs, including many non-Mississippi residents. Travis was a resident of Tennessee and worked in Kentucky and Tennessee during his employment with ICRR. The plaintiffs in this case claimed injuries from exposure to asbestos because ICRR failed to provide a safe working environment for its employees. The trial court denied ICRR's motion to dismiss Travis's claim for improper joinder. This Court affirmed the trial court's decision.
¶ 7. This Court began its analysis of the joinder issue in Travis by stating "[t]his Court has recognized that the Official Comments to Rule 20 call for consideration on a case-by-case basis `utilizing a liberal approach toward joinder.'" At the time Travis was decided, the Comment to Rule 20 said, in pertinent part "[t]he general philosophy of the joinder provisions of these rules is to allow virtually unlimited joinder at the pleading stage but to give the court discretion to shape the trial to the necessities of the particular case." (emphasis added). This liberal philosophy was partially in response to Mississippi's lack of a class action rule. See Armond, 866 So.2d at 1102-03 (Graves, J., specially concurring). As noted in American Bankers v. Alexander, 818 So.2d 1073, 1078 (Miss.2001), "we have fashioned our Rules of Civil Procedure to handle cases of this type under Rule 20 and 42."
¶ 8. The "virtually unlimited" language was deleted from the Rule 20 Comment in February, 2004, just after this Court's decision in Armond. One reason for the deletion of this language is that, as the Court attempts to craft rules for fair and efficient court administration during a time of growing mass tort actions, it must ensure that a liberal joinder policy does not result in prejudice to the parties involved. In an effort to provide a reasonably fair forum for all parties, our joinder philosophy must necessarily undergo modification as required by circumstances.
¶ 9. An example of the type of prejudice our liberal joinder philosophy has produced is seen in a recent case, in which a massive jury award was not supported by the evidence, and which showed that the jury was confused by the evidence presented. See Janssen Pharmaceutica, Inc. v. Bailey, 878 So.2d 31 (Miss.2004) ().
¶ 10. I...
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