Carpenter v. Berry
58 So. 3d 1158
Miss.2011Background
- Berry and Banks sued multiple defendants, including Laura Carpenter, for negligence related to Ryheim Banks' birth.
- During the suit, Guardians were appointed to protect Ryheim and sought authority to settle his minor-claim against Carpenter for $25,000, with $10,000 to be paid as attorney's fees.
- The proposed settlement intended to release all existing and future claims against Carpenter, with the Guardians' consent to dismiss their own claims with prejudice.
- On August 11, 2005, the chancellor approved the settlement and allowed proceeds to be deposited in an interest-bearing account.
- Three years later, Guardians filed a Rule 60(b) petition to set aside the settlement, arguing lack of fair process and new evidence of liability and insurance.
- The chancellor granted relief under Rule 60(b), setting aside the minor's settlement but leaving Guardian claims against Carpenter’s settlement to be reviewed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the chancellor properly disposed findings of fact | Carpenter | Carpenter | No reversible error; findings were implicit in the ruling |
| Whether the chancellor abused discretion by setting aside the minor's settlement under Rule 60(b) | Carpenter | Guardians | Affirmed set-aside of the minor's settlement |
| Whether Rule 60(b) relief was properly invoked given timing and guardianship | Carpenter | Guardians | Relief affirmed for the minor; reversal as to Guardians' claims |
| Whether the guardians' procedural deficiencies invalidated the settlement | Guardians | Carpenter | Procedural flaws supported setting aside the minor's settlement; Guardians' individual claims area reversed |
Key Cases Cited
- Joyce v. Brown, 304 So.2d 634 (Miss. 1974) (guardian's authority to settle minor claims and bond requirements)
- J. & J. Timber Co. v. Broome, 932 So.2d 1 (Miss. 2006) (vicarious liability releases; Contracts Clause concerns)
- Whitaker v. T & M Foods, 7 So.3d 893 (Miss. 2009) (retroactive Contracts Clause analysis in settlements)
- Briney v. U.S. Fid. & Guar. Co., 714 So.2d 962 (Miss. 1998) (factors for 60(b)(6) relief and equitable considerations)
- Cucos, Inc. v. McDaniel, 938 So.2d 238 (Miss. 2006) (Rule 60(b) standards and reasonable time considerations)
- Lose v. Illinois Cent. Gulf R.R. Co., 584 So.2d 1284 (Miss. 1991) (balancing finality with justice under Rule 60(b))
- Union Chevrolet Co. v. Arrington, 162 Miss. 816, 826, 827, 138 So. 593 (1932) (guardians' duties and protection of wards)