Christi Thompson v. R. J. Reynolds Tobacco Company
2014 U.S. App. LEXIS 14531
| 8th Cir. | 2014Background
- Michael Thompson smoked various brands for decades; diagnosed with throat/lung cancer in 1997 and sued manufacturers, distributors, and retailers in Missouri state court for concealment, negligence, product defect, and failure to warn.
- In the 2003 state action, the jury found the manufacturers liable and Michael and his wife obtained a judgment of $1,046,754; the judgment was affirmed on appeal in 2006.
- Michael Thompson died of throat cancer in 2009. In 2012 his wife Christi and their children filed a wrongful death suit naming the same manufacturers plus retailer MFA Petroleum and wholesaler Barber & Sons.
- Manufacturers removed the 2012 suit to federal court on diversity grounds, arguing MFA and Barber had been fraudulently joined; defendants also moved to dismiss under Missouri statutes barring wrongful-death claims when the decedent already recovered for the same wrongful act in his lifetime.
- The district court found the "one recovery" rule barred the wrongful-death claims, held MFA and Barber were fraudulently joined, denied remand, and dismissed all defendants; the Thompsons appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether nonmanufacturers (MFA, Barber) were fraudulently joined to defeat diversity | The wrongful-death claim is distinct from decedent's prior personal-injury claim; therefore nonmanufacturers are proper defendants | Joinder was fraudulent because Missouri's "one recovery" rule bars wrongful-death claims when decedent already recovered for same wrongful act | Joinder was fraudulent; no reasonable basis to sue MFA and Barber under Missouri law |
| Whether Missouri's wrongful-death statute permits suit after decedent litigated/obtained satisfaction in lifetime | Thompson: later developments in wrongful-death law create an independent cause of action, so Strode's "one recovery" rule no longer applies | Defendants: Strode and controlling Missouri precedent still bar a wrongful-death suit if decedent recovered for same wrongful act in his lifetime | "One recovery" rule controls; prior judgment barred claims — wrongful-death action unavailable |
| Whether district court properly took judicial notice of prior state judgment without certified copy | Thompson: defendants failed to supply certified copy so judicial notice and preclusion inappropriate | Defendants: prior judgment is in public record and Thompson pleaded it; district court may judicially notice public records under federal law | Judicial notice was proper; plaintiffs had pleaded the earlier judgment |
| Whether manufacturers' claims were properly dismissed under Fed. R. Civ. P. 12(b)(6) | Thompson: wrongful-death claims survive because damages are distinct and statute evolved | Manufacturers: prior personal-injury judgment eliminated decedent's viable claim at death, so plaintiffs fail to state a claim | Dismissal affirmed — more demanding 12(b)(6) standard met because prior adjudication barred recovery |
Key Cases Cited
- Strode v. St. Louis Transit Co., 95 S.W. 851 (Mo. 1906) (establishes Missouri "one recovery" rule: if decedent received satisfaction for wrongful act in lifetime, survivors cannot recover for same act)
- Stern v. Internal Med. Consultants, II, LLC, 452 F.3d 1015 (8th Cir. 2006) (applies Strode and holds settlement by decedent bars subsequent wrongful-death claim)
- Filla v. Norfolk S. Ry. Co., 336 F.3d 806 (8th Cir. 2003) (fraudulent-joinder standard: no reasonable basis in fact and law supports claim)
- Campbell v. Tenet Healthsystem, DI, Inc., 224 S.W.3d 632 (Mo. Ct. App. 2007) (applies one-recovery rule under Missouri wrongful-death statute)
- Lawrence v. Beverly Manor, 273 S.W.3d 525 (Mo. 2009) (discusses scope of wrongful-death cause of action under Missouri law)