River Region Medical Corp. v. Patterson

• Decision Date: 29 November 2007
• Docket Number: No. 2005-CA-02357-SCT.,2005-CA-02357-SCT.
• Parties: RIVER REGION MEDICAL CORPORATION d/b/a Parkview Regional Medical Center v. Thomas PATTERSON.
• Court: Mississippi Supreme Court

975 So.2d 205

RIVER REGION MEDICAL CORPORATION d/b/a Parkview Regional Medical Center v. Thomas PATTERSON.

No. 2005-CA-02357-SCT.

Supreme Court of Mississippi.

November 29, 2007.

Rehearing Stricken February 21, 2008.

Jason Edward Dare, Greenville, L. Carl Hagwood, David Mark Eaton, Jackson, attorneys for appellant.

Paul Kelly Loyacono, William Allen Hood, William A. Pyle, John Denver Fike, attorneys for appellee.

EN BANC.

SMITH, Chief Justice, for the Court.

¶ 1. This case arises from a wrongful-death action brought in the Circuit Court of Warren County, Mississippi. The trial court granted partial summary judgment to River Region Medical Corporation ("River Region") as to the claims of the deceased's estate and Plaintiffs sought no other economic damages. The remaining claims at trial were the Plaintiffs' individual claims of loss of society and companionship. The jury awarded compensation in the amount of $1,710,000 to the deceased's husband, Thomas Patterson, and her two daughters, Hallie and Brandy Nettles, for these individual claims. The minor daughters subsequently settled their claims and no longer are involved in this case. It is undisputed that Thomas Patterson did not present any evidence regarding his claim for damages. We find that the trial court erred in denying River Region's Motion for Judgment Notwithstanding the Verdict as to Patterson's claim. Accordingly, we reverse and render judgment in favor of River Region.

FACTS

¶ 2. Jennifer Nelson Nettles was admitted to River Region for the birth of her child, Brandy Nicole Nettles, who was born by cesarean section on December 26, 2001. Jennifer Nettles passed away later that day while still a patient at River Region. After her death, the decedent's daughters, Hallie and Brandy Nettles, filed a wrongful death action against River Region. Thomas Patterson, decedent's estranged husband, later joined the suit.

¶ 3. On September 15, 2005, the trial court granted Defendant's Motion for Partial Summary Judgment as to the claims of the estate of Jennifer Nelson Nettles. The claims remaining to be tried were for loss of society and companionship. At the close of Plaintiffs' case in chief, Defendant moved for a directed verdict, arguing that the Plaintiffs had not met their burden of proof regarding loss of society and companionship. At that time, counsel for Plaintiffs stipulated that Plaintiffs were seeking no other damages. Defendant's motion was denied and the case proceeded to the jury.

¶ 4. After a jury verdict for Plaintiffs, Defendant filed its "Motion for Judgment Notwithstanding Verdict, Motion for a New Trial or alternatively, Motion for Remittitur." Again, Defendant argued that Plaintiffs had not proven loss of society and companionship. Again, Defendant's motion was denied. Defendant appealed to this Court, alleging six errors by the trial court. The following year, Defendant settled with Hallie and Brandy Nettles.

DISCUSSION

¶ 5. River Region raised the following issues on appeal:

I. Whether the Trial Court Committed Reversible Error by Allowing Eugene Michael Finan, M.D., to Express Opinions at Trial That Were Not Previously Disclosed.

II. Whether Terry Siverly Was Qualified to Testify as to Nursing Standards of Care.

III. Whether the Trial Court Committed Reversible Error by Admitting Photographs.

IV. Whether the Trial Court Committed Reversible Error by Excluding Evidence of Decedent's Alleged Illegal Drug Use.

V. Whether the Trial Court Committed Reversible Error in Instructing the Jury That All Damages Must Be Equally Divided Between the Three Plaintiffs.

VI. Whether the Trial Court Erred in Denying Defendant's Motion for Directed Verdict as to the Claims of Thomas Patterson.

¶ 6. Because we hold that River Region was entitled to judgment notwithstanding the verdict pursuant to Mississippi Rules of Civil Procedure 50(b) as to Thomas Patterson's claim, it is not necessary to address other assignments of error.

¶ 7. In reviewing denials of motions for judgment notwithstanding the verdict, this Court uses the same standard as for motions for directed verdict. Twin County Electric Power Ass'n v. McKenzie, 823 So.2d 464, 468 (Miss.2002).

"Under this standard, this Court will consider the evidence in the light most favorable to the appellee, giving that party the benefit of all favorable inference that may be reasonably drawn from the evidence. If the facts so considered point so overwhelmingly in favor of the appellant that reasonable men could not have arrived at a contrary verdict, we are required to reverse and render. On the other hand if there is substantial evidence in support of the verdict, that is, evidence of such quality and weight that reasonable and fair minded jurors in the exercise of impartial judgment might have reached different conclusions, affirmance is required. The above standards of review, however, are predicated on the fact that the trial judge applied the correct law."

Id. (citing Alpha Gulf Coast, Inc. v. Jackson, 801 So.2d 709, 720 (Miss.2001)).

¶ 8. River Region asserts that Patterson put on no evidence as to his individual claim. At trial, Plaintiffs put on six witnesses, who all testified regarding the Defendant's liability. No witnesses testified to Plaintiffs' claims for loss of society and companionship. Patterson argues that, as a statutory wrongful-death beneficiary, he is not required to prove individual damages. Patterson is correct in that his relationship to the decedent is all that is required for him to recover a share of the damages which the decedent could have recovered "if death had not ensued." Such damages could include, among others, the decedent's lost wages and pain and suffering. However, no such claims were presented at trial. And because at trial the jury considered only the individual claims of each Plaintiff, Patterson bore the burden of proving his own claim of loss of society and companionship. This he did not do.

¶ 9. The Wrongful Death Statute (the "Statute") in Mississippi, codified at Mississippi Code Annotated Section 11-7-13 (Rev.2004), mandates that there can be only one suit for the benefit of all parties and that the damages for the injury and death of a married woman are equally distributed between her husband and children. In Long v. McKinney, 897 So.2d 160 (Miss.2004), this Court addressed the beleaguered state of the law in wrongful-death actions. In Long, the Court aptly stated that "[n]o area of the law has historically provided more muddled, misquoted and misunderstood procedural rules, than civil claims for wrongful death." Id. at 162-163. The parties were wrongful death beneficiaries who fought over who would control the litigation when more than one chose to appear and be represented by counsel. Id. at 162. In the present case, three plaintiffs were represented by one attorney in one action. The dispute between the parties is not procedural in nature but rather substantive, regarding the burden of proof which belonged to each plaintiff.

¶ 10. In Long, we stated "there are several kinds of damages which may be pursued, and these damages are not due to the same claimants." Id. at 169. (Emphasis added). "For instance, the estate is entitled to recover funeral costs and final medical expenses. The beneficiaries are entitled to recover for their respective claims of loss of society and companionship. The wrongful-death beneficiaries are entitled to recover the present net cash value of the decedent's continued existence." Id. (Emphasis added). Assuming Thomas Patterson was a legitimate wrongful-death beneficiary, as we must do in giving him all reasonable inferences, he would then be entitled to recover for himself any loss of society and companionship he might prove, and to share equally in the damages which might have been recovered by Ms. Nettles, "had death not ensued." Miss.Code Ann. § 11-7-13 (Rev.2004).

¶ 11. After Ms. Nettles's unfortunate demise, it is true that under the statute, her husband and children would be entitled to damages should they prevail in their wrongful-death action. It is also true, therefore, that certain damages would have to be shared equally among them. However, here the jury awarded damages solely for loss of society and companionship. These damages are separate from and possibly in addition to any damages they would share equally — i.e., the damages of the estate and those suffered by Ms. Nettles.

¶ 12. In Long, the decedent's daughter was the sole beneficiary of his will. Her brothers were disinherited. Id. at 170. We noted that "a potential and incentive for Lori to vigorously pursue the claims of the estate, and her individual claim for loss of society, is clearly present. Each dollar recovered for such claims will inure entirely to the benefit of Lori, while other dollars recovered must be divided among the wrongful death beneficiaries." Id. (Emphasis added). Here, by entering into the litigation and bringing an individual claim for loss of society and companionship and nothing further, Patterson was then charged with proving this claim. As River Region has correctly stated, "[u]nder Mississippi law, plaintiffs bear the burden of going forward with sufficient evidence to prove their damages by a preponderance of the evidence." TXG Intrastate Pipeline Co. v. Grossnickle, 716 So.2d 991, 1016 (Miss.1997). In a wrongful-death action where the decedent was electrocuted while renovating a sewage lift station in Anguilla, Mississippi, his widow and his four children brought suit. Entergy Miss., Inc. v. Hayes, 874 So.2d 952, 953 (Miss.2004). In that case, we noted "The plaintiffs presented extensive testimonial evidence of the relationship each had with [decedent] and their suffering as a result of his death in support of their damages claim for loss of love, society, and companionship." Id. at 954. Here, Patterson presented no evidence regarding any damages sustained from loss of society and companionship....