200 So. 3d 437
Miss.2016Background
- On May 1, 2012, Tommy and Kelli Murray (Georgia residents) sued the estate of James German and related out-of-state corporations (Midway) in Hinds County, Mississippi for injuries from a May 4, 2009 vehicle collision that occurred in Louisiana.
- The Murrays alleged negligence by German (driving a Midway tractor-trailer) causing physical injuries to Tommy and loss of consortium to Kelli.
- Midway moved to dismiss under Miss. Code § 15-1-65, arguing the cause of action accrued in Louisiana and was time-barred there by Louisiana’s one-year prescription (La. Civ. Code art. 3492).
- The trial court denied the motion; Midway sought and obtained interlocutory appeal to the Mississippi Supreme Court.
- The Supreme Court reviewed the denial de novo, treated the complaint’s factual allegations as true, and evaluated whether Section 15-1-65 barred maintenance of the suit in Mississippi.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Miss. Code § 15-1-65 bars the Murrays’ Mississippi suit because the cause accrued in Louisiana and was time-barred there | The Murrays: suit is timely under Mississippi’s three-year catchall statute (§ 15-1-49) because they filed within three years of accrual | Midway: Section 15-1-65 prevents maintenance in Mississippi when the cause accrued out-of-state and is barred there; Louisiana’s one-year prescription ran before they sued | Held: § 15-1-65 applies; because Louisiana law barred the claim, Mississippi will not entertain it — judgment for defendants (dismissal) |
Key Cases Cited
- Flight Line, Inc. v. Tanksley, 608 So. 2d 1149 (Miss. 1992) (cause of action accrues when injury is inflicted — last legally significant fact)
- R.J. Reynolds Tobacco Co. v. King, 921 So. 2d 268 (Miss. 2005) (standard of review for denial of a dismissal motion — de novo; affirm only if non-movant could possibly recover)
- Ford v. State Farm Ins., 625 So. 2d 792 (Miss. 1993) (noting that under the current § 15-1-65 the action would be barred)
- Alston v. Pope, 112 So. 3d 422 (Miss. 2013) (applying current law to hold out-of-state accrued tort claims would be barred by § 15-1-65)
- Patton v. Mack Trucks, Inc., 556 So. 2d 679 (Miss. 1989) (observing Legislature’s change ended Mississippi as a haven for time-barred foreign torts)