J.E. ex rel. R.R. v. Malley
2011 Miss. LEXIS 171
| Miss. | 2011Background
- Malley pleaded guilty to two counts of fondling a twelve-year-old; conviction later filed in 2004.
- J.R. sued Malley in 2008 for battery, intentional infliction of emotional distress, outrageous conduct, and related claims in Mississippi Circuit Court.
- J.R. sought partial summary judgment arguing collateral estoppel and the guilty pleas establish liability for the torts.
- Circuit Court denied the partial summary judgment; interlocutory appeal granted to address whether genuine issues of material fact exist regarding Malley’s civil liability.
- Court adopts a framework where a conviction may establish fault for certain torts, but does not automatically resolve causation or damages; issues remain for jury determination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether genuine issues exist on Malley’s civil liability for crimes against J.R. | J.R. contends the conviction establishes fault for the torts. | Malley argues conviction does not prove causation or damages and intent must be proven for each tort. | Partial liability established for battery; causation and damages remain for trial. |
Key Cases Cited
- Wilcher v. State, 697 So.2d 1087 (Miss. 1997) (conviction-based ultimate effect on civil actions)
- Jordan v. McKenna, 573 So.2d 1371 (Miss. 1990) (conviction can establish fault in tort but not causation/damages)
- McKenna v. Jordan, 573 So.2d 1374 (Miss. 1990) (rape conviction can establish fault in tort per statute; fault, not causal results)
- Wilson v. General Motors Acceptance Corp., 883 So.2d 56 (Miss. 2004) (intent generally a jury question; distinction when underlying facts are present)
- Morgan v. Greenwaldt, 786 So.2d 1037 (Miss. 2001) (defines elements of battery and distinguishes assault)
- Webb v. Jackson, 583 So.2d 946 (Miss. 1991) (Restatement principles cited on assault/battery)
- Pierce v. Cook, 992 So.2d 612 (Miss. 2008) (elements for intentional infliction of emotional distress)
- Leaf River Forest Prods., Inc. v. Ferguson, 662 So.2d 648 (Miss. 1995) (outrageous conduct standard—intentional, willful, reckless behavior)