Miss. Crime Lab. v. Douglas

• Decision Date: 22 September 2011
• Docket Number: No. 2010–IA–00776–SCT.,2010–IA–00776–SCT.
• Citation: 70 So.3d 196
• Parties: MISSISSIPPI CRIME LABORATORY, Mississippi State Medical Examiners, Dr. Steven Hayne, in his Official and Personal Capacities, Sunshine Medical Clinic and Dr. Vihba Vig, in her Official and Personal Capacities, Lisa Hoehn, Nurse Practitioner in her Official and Personal Capacities, Expertox, Inc. and Medscreens, Inc.v.Hattie DOUGLAS, Individually and as the Natural Mother, Next Friend and on Behalf of all the Heirs at Law and Wrongful Death Beneficiaries of Kaddarius Douglas, Deceased, and Kevin Hamlin, as the Natural Father and Next Friend of Kaddarius Douglas, Deceased, Kelvin L. Douglas, a Minor, Kendell Douglas, a Minor, Lakendrick R. Douglas, A Minor, Ty'Sia Douglas, a Minor and Jerome E. Douglas, a Minor.
• Court: Mississippi Supreme Court

70 So.3d 196

MISSISSIPPI CRIME LABORATORY, Mississippi State Medical Examiners, Dr. Steven Hayne, in his Official and Personal Capacities, Sunshine Medical Clinic and Dr. Vihba Vig, in her Official and Personal Capacities, Lisa Hoehn, Nurse Practitioner in her Official and Personal Capacities, Expertox, Inc. and Medscreens, Inc.

v.Hattie DOUGLAS, Individually and as the Natural Mother, Next Friend and on Behalf of all the Heirs at Law and Wrongful Death Beneficiaries of Kaddarius Douglas, Deceased, and Kevin Hamlin, as the Natural Father and Next Friend of Kaddarius Douglas, Deceased, Kelvin L. Douglas, a Minor, Kendell Douglas, a Minor, Lakendrick R. Douglas, A Minor, Ty'Sia Douglas, a Minor and Jerome E. Douglas, a Minor.

No. 2010–IA–00776–SCT.

Supreme Court of Mississippi.

Sept. 22, 2011.

Robert L. Gibbs, Shaunda P. Baldwin, John G. Wheeler, John Burley Howell, III, Mildred M. Morris, Timothy Lee Sensing, Jackson, James Randal Wallace, Jr., Robert C. Boyd, Clinton, Leah Nichols Ledford, Wade G. Manor, Barry W. Ford, Marlena Powell Jackson, Pickering, attorneys for appellants.Thomas Jon–William Bellinder, Dennis C. Sweet, III, Latrice Westbrooks, Warren Louis Martin, Jr., Jackson, attorneys for appellees.Before CARLSON, P.J., PIERCE and KING, JJ.PIERCE, Justice, for the Court:

¶ 1. This is an interlocutory appeal from the denial of a motion to sever and transfer venue. Plaintiffs Hattie Douglas (“Douglas”), Kevin Hamlin, and the victim's five siblings (collectively, “plaintiffs”) filed a complaint in the Circuit Court of Hinds County against Sunshine Medical Clinic; Dr. Vibha Vig, in her official and personal capacities; Lisa Hoehn, nurse practitioner, in her official and personal capacities (collectively “medical-negligence defendants”). The plaintiffs allege a medical-negligence and negligent-hiring cause of action against the Medical–Negligence Defendants concerning the treatment and care of their minor son and brother, Kaddarius Douglas (“Kaddarius”) received before he died. The plaintiffs, in the same complaint, also brought claims against the Mississippi Crime Laboratory; Mississippi State Medical Examiners; Dr. Steven Hayne, in his official and personal capacities; Expertox, Inc.; and MedScreens, Inc. (collectively “wrongful-incarceration defendants”) asserting that their acts and omissions in performing a post-mortem examination and toxicological tests on Kaddarius's body, as well as in storing and handling blood and urine samples, caused the wrongful incarceration of Douglas for the murder of Kaddarius. All of the defendants moved to have the trial court sever the claims and to transfer the claims against the wrongful-incarceration defendants to Rankin County and to transfer the claims against the medical-negligence defendants to Madison County. The trial court denied the motion. All of the defendants now bring an interlocutory appeal to severe the two claims and transfer venue.

STATEMENT OF THE FACTS

¶ 2. The following facts were alleged in the plaintiffs' complaint.

¶ 3. In October 2005, Kaddarius, then four months old, was taken to Sunshine Medical Clinic with severe respiratory problems. Sunshine Medical Clinic is located in Canton, Mississippi. Kaddarius was treated by Lisa Hoehn, nurse practitioner. Hoehn took no x-rays, and her treatment notes do not mention any consideration and/or treatment of pneumonia and/or myocarditis. In December 2005, Kaddarius, then six months old, was again taken to Sunshine Medical Clinic with severe respiratory problems. He was again treated by Hoehn, who took no x-rays and did not record any consideration and/or treatment of pneumonia and/or myocarditis. In May 2006, Kaddarius was taken to Sunshine Medical Clinic for a third time for respiratory problems. This time, he was seen by Dr. Vibha Vig (“Dr.Vig”). Dr. Vig's physical examination of Kaddarius revealed that his nose, mouth, pharynx, and ears were abnormal. Despite this, Dr. Vig did not order x-rays, and her treatment notes did not mention any consideration or treatment for pneumonia and/or myocarditis. Kaddarius died on May 11, 2006.

¶ 4. Following Kaddarius's death, Dr. Steven Hayne (“Dr.Hayne”) performed an autopsy in Rankin County on Kaddarius's body to determine his cause of death. According to Dr. Hayne's report, there was no sign of the presence of alcohol in Kaddarius's body. On May 15, 2006, blood and urine samples were taken from his body and sent to MedScreens, Inc. Although there was a recommendation from Dr. Hayne to test Kaddarius's vitreous fluid, there was never any indication that vitreous fluid was ever drawn from Kaddarius or submitted for testing. On May 16, 2006, MedScreens delivered all of Kaddarius's samples to Expertox, Inc. On May 17, 2006, a death certificate was issued, stating that the cause of death was “rollover death/compression of chest.” It was deemed to be an accidental death.

¶ 5. On May 24, 2006, Expertox, Inc., issued a report with a finding that Kaddarius's blood-alcohol content was .02g%. Between May 31 and June 2, 2006, Expertox, Inc., performed additional tests on the specimens and reported a blood-alcohol content of .04g% and that the urine-alcohol content was 0.4g%.

¶ 6. On August 16, 2006, MedScreens sent a test request to STL laboratories in St. Louis, Missouri. STL concluded that the blood samples were insufficient, and that they had been contaminated. STL further concluded that the urine sample yielded a result of 0.4g% alcohol content, but that it also showed a presence of brompheniramine and pseudoephedrine/ephedrine, which was consistent with Kaddarius having taken cold medicine. As a result of these tests, Douglas was arrested and charged with the murder of her son and incarcerated.

¶ 7. As a result of the incarceration, the Mississippi Department of Human Services removed Douglas's five other children from her custody. On July 10, 2007, Dr. Leroy Riddick ¹ ruled that Kaddarius's cause of death was due to interstitial pneumonia and myocarditis. After she had been incarcerated for more than a year and a half, the murder charge against Douglas was nolle prossed on May 29, 2008. Douglas was then cleared of all wrongdoing in the death of her son.

¶ 8. The plaintiffs filed a complaint in the Circuit Court of Hinds County against the medical-negligence defendants and the wrongful-incarceration defendants. The plaintiffs alleged a medical-negligence and negligent-hiring cause of action against the medical negligence defendants concerning the treatment and care their minor son and brother, Kaddarius, received before he died. The plaintiffs, in the same complaint, also brought claims against the wrongful-incarceration defendants, asserting that their acts and omissions in performing a post-mortem examination and toxicological tests on Kaddarius's body, as well as in storing and handling blood and urine samples, caused the wrongful incarceration of Douglas for the murder of Kaddarius. The defendants moved to have the trial court sever the claims and transfer the claims against the wrongful incarceration defendants to Rankin County and the claims against the medical negligence defendants to Madison County. The trial court denied the motion. All the defendants now bring an interlocutory appeal to sever the two claims and transfer venue.

STATEMENT OF THE ISSUES

I. Whether the trial court erred in denying the motion to sever the claims.II. Whether the trial court erred in denying the motion to transfer venue.

ANALYSIS

¶ 9. In reviewing a motion regarding joinder and venue the proper standard of review is abuse of discretion. Wyeth Laboratories v. James, 918 So.2d 1243, 1245 (Miss.2005) (citing Janssen Pharmaceutica, Inc. v. Armond, 866 So.2d 1092, 1095 (Miss.2004)).

I. Whether the trial court erred in denying the motion to sever the claims.

¶ 10. Under Rule 20(a) of the Mississippi Rules of Civil Procedure,

[a]ll persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence or series of transactions or occurrences, and if any question of law or fact common to all defendants will arise in the action.

Miss. R. Civ. P. 20. “Both of these prongs must be established before joinder is proper.” Wyeth, 918 So.2d at 1245.

A. Whether the Same–Transaction–or–Occurrence Prong is Satisfied.

¶ 11. Under the first prong of Rule 20(a), “before an alleged ‘occurrence’ will be sufficient to meet Rule 20(a)'s two factors, there must be a distinct litigable event linking the parties.” Hegwood v. Williamson, 949 So.2d 728, 730 (Miss.2007) (quoting Wyeth–Ayerst Labs. v. Caldwell, 905 So.2d 1205, 1207 (Miss.2005)). In determining if the distinct litigable event exists to link the parties, the court should consider:

whether a finding of liability for one plaintiff essentially establishes a finding for all plaintiffs, indicating that proof common to all plaintiffs is significant. The appropriateness of joinder decreases as the need for additional proof increases. If plaintiffs allege a single, primary wrongful act, the proof will be common on all plaintiffs; however, separate proof will be required where there are several wrongful acts by several different actors. The need for separate proof is lessened only where the different wrongful acts are similar in type and character and occur close in time and/or place.

Hegwood, 949 So.2d at 730–31 (quoting Ill. Cent. R.R. v. Gregory, 912 So.2d 829, 834–35 (Miss.2005)).

¶ 12. In Hegwood, Williamson and Hegwood were involved in a car accident, and both were insured by State Farm Insurance. Hegwood, 949 So.2d at 730. Williamson filed two separate claims as a result of the car accident, one for property damage and medical payments under her policy with State Farm, and a third-party claim for bodily injury and medical expenses under Hegwood's liability policy. Hegwood, 949 So.2d at 730....