Wrongful death claim may not be assigned to one tortfeasor to be asserted against another joint tortfeasor

Law Reporter, Dec 2004

Coleman Powermitte Inc. v. Rheem Mfy. Co., __ So. 2d __, No. 2002-IA-02117-SCT, 2004 WL 1853140 (Miss. Aug. 19,2004).

The Supreme Court of Mississippi held a wrongful death beneficiary may not assign a wrongful death claim to one tortfeasor to be asserted against another joint tortfeasor.

Here, King's mother or another family member was filling a household generator with gasoline when some gasoline spilled on the floor. Fumes from die gasoline ignited, and King's mother suffered fatal injuries. King, as administrator of her estate, filed a wrongful death action against Rheem, die manufacturer of a gas water heater that was located near the generator, alleging the heater's pilot light had ignited die gasoline vapors. During settlement negotiations, Rheem suggested King join Coleman, die manufacturer of the generator, as an additional defendant. King declined to do so, but in die settlement agreement between the parties, he released Rheem from liability and assigned to it any rights he might have against Coleman. King then filed an amended complaint against Rheem and Coleman. The court subsequently dismissed King's suit and substituted Rheem as the real party in interest. The trial court denied Coleman's motion for summary judgment.

Reversing, die state high court noted diat although Mississippi law generally allows assignment of personal injury claims, this rule does not automatically extend to wrongful death claims. Rather, diese claims are governed by Miss. Code Ann. § 11-7-13, which specifies the individuals who are entitled to bring such actions. Coleman argued that because the statute limits the authority to bring an action to specified individuals and does not specifically allow assignment of actions, assignment of a wrongful death action is not allowed. Finding this argument had merit, the court said the legislature could not have intended to allow a tortfeasor to settle with a wrongful death plaintiff and then subsequently sue putative joint tortfeasors using plaintiff's cause of action. The court reasoned that this would enable parties to circumvent the applicable statute controlling the right of contribution and allocation of fault.

The court also noted that a number of jurisdictions have held that wrongful death actions may not be assigned, and only four states have permitted assignment of such claims. Moreover, the court observed, no jurisdiction has authorized one tortfeasor to bring an action against a joint tortfeasor as assignee of the wrongful death beneficiaries.