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Keywords

lawsuittortdefendantstatuteappealtrialmotionstatute of limitationsmotion to dismiss

litigationnegligencestatutetrialmotionwillstatute of limitationsmotion to dismiss

Related Cases

Estate of Puckett v. Clement, 238 So.3d 1139

Facts

Carol Clement filed a lawsuit against Russell Puckett after he allegedly shot her while she was carrying a planter from his property. Puckett had previously told Clement she could take the planters when he passed away or closed his antique store. After Puckett's death in 2014, his estate was substituted as the defendant. The estate moved to dismiss the case, arguing that Clement failed to serve them within the one-year statute of limitations, which the trial court denied, leading to the estate's appeal.

Clement filed suit against Puckett on June 11, 2010. The complaint set forth three counts: (1) negligence in the operation and discharge of a firearm, (2) gross negligence in the operation and discharge of a firearm and (3) deliberate, intentional and reckless disregard of the safety of Clement and her daughter.

Issue

Did the trial court err in denying the estate's motion to dismiss based on the statute of limitations and failure to timely serve process?

The Estate argues that the trial court erred in denying the motion to dismiss because (1) Clement failed to show good cause for failing to serve Puckett within the statute of limitations, and (2) it did not waive its statute-of-limitations defense.

Rule

Claims for intentional torts are subject to a one-year statute of limitations, and failure to serve process within this period results in dismissal unless good cause is shown.

Mississippi Code Section 15–1–35 provides that “[a]ll actions for assault, assault and battery … shall be commenced within one … year next after the cause of such action accrued, and not after.”

Analysis

The court determined that Clement's claims were subject to the one-year statute of limitations for intentional torts. It found that she failed to perfect service on the estate before the expiration of this period and did not demonstrate good cause for her failure to serve process in a timely manner. The court concluded that the trial court abused its discretion in denying the estate's motion to dismiss.

After review of the record, we find that the trial court abused its discretion in determining that the Estate had waived its statute-of-limitations defense. The delay was reasonable, given the will contest, and the Estate did not participate “all the while … in the litigation process” during the delay.

Conclusion

The court reversed the trial court's decision and rendered judgment in favor of the estate, dismissing Clement's claims due to her failure to serve process within the statute of limitations.

Thus, we reverse the trial court's denial of the motion to dismiss and render judgment in favor of the Estate.

Who won?

The estate prevailed because the court found that Clement did not serve the estate within the one-year statute of limitations and failed to show good cause for the delay.

Therefore, the Estate did not waive its statute-of-limitations defense as a matter of law.

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