Jaquith Nursing Home v. Yarbrough
2012 Miss. LEXIS 546
| Miss. | 2012Background
- Walter Yarbrough was incompetent and resident at Jaquith Nursing Home until his death in 2002.
- Nellie Andrews, Walter’s niece, filed a wrongful-death suit in 2002 naming herself as personal representative.
- At filing time Walter had only Spencer as living heir; Andrews later sought Letters of Administration (May 2005).
- Chancery letters named Andrews, Thomas, and Spencer as Walter’s sole heirs at law.
- Nancy Yarbrough (Spencer’s widow) moved to substitute as real party in interest after Spencer’s death; trial court granted substitution.
- Court held Andrews was an heir-at-law and an interested party; affirmed denial of the motion to dismiss and substitution; case remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Andrews have standing to sue as heir-at-law/interested party? | Andrews was an heir-at-law and qualified as interested party. | Andrews lacked standing as she was not personal representative or listed relative at filing; misrepresentation alleged. | Andrews had standing as heir-at-law/interested party; suit valid. |
| Can Rule 17 substitution cure lack of standing? | Substitution of Spencer’s administratrix could fix the real party in interest. | Standing must exist at filing; substitution cannot cure void ab initio. | Substitution cannot cure lack of standing; affirmatively allowed because standing existed at filing. |
| Role of Burley and Pope in determining standing? | Burley supports heir-at-law as interested party; Pope distinguished misrepresentation issues. | Pope/Delta Health limited standing to listed relatives; misrepresentation undermines standing. | Burley controls; Andrews had standing; Pope distinctions do not negate. |
Key Cases Cited
- Long v. McKinney, 897 So.2d 160 (Miss. 2004) (stands for three modes of wrongful-death standing)
- Burley v. Douglas, 26 So.3d 1013 (Miss. 2009) (heir-at-law may be an interested party; standing separate from damages)
- Pope, 995 So.2d 123 (Miss. 2008) (administrators may misrepresent; standing limits)
- Clark Sand Co., Inc. v. Kelly, 60 So.3d 149 (Miss. 2011) (standing requires formal appointment before filing)
- Delta Health Group, Inc. v. Estate of Pope, 995 So.2d 123 (Miss. 2008) (distinguishes Pope in standing analysis)
- In re Estate of Baumgardner, 82 So.3d 592 (Miss. 2012) (standing determined at commencement of suit)
- Clark Sand Co., Inc. v. Kelly, 60 So.3d 149 (Miss. 2011) (standing before wrongful-death action filing)