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Keywords

lawsuitsettlementdefendantjurisdictionappeal
defendantjurisdictiondamagesstatuteappeal

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Thompson v. R.J. Reynolds Tobacco Co., 760 F.3d 913, Prod.Liab.Rep. (CCH) P 19,439

Facts

Michael Thompson began smoking cigarettes before 1969 and continued until he was diagnosed with lung cancer in 1997. He and his wife Christi previously filed a personal injury lawsuit against the same defendants, resulting in a judgment of over one million dollars. After Michael's death in 2009, the Thompsons filed a wrongful death action in 2012, asserting claims against the manufacturers and distributors of the cigarettes he smoked, but the defendants removed the case to federal court, claiming fraudulent joinder of non-manufacturers.

Michael Thompson began smoking cigarettes sometime before 1969 while he was still a minor and continued until 1997 when he was diagnosed with lung cancer.

Issue

Whether the Thompsons fraudulently joined defendants MFA Petroleum and Barber & Sons to defeat diversity jurisdiction and whether their wrongful death claims were barred by the 'one recovery' rule.

Whether the Thompsons fraudulently joined defendants MFA Petroleum and Barber & Sons to defeat diversity jurisdiction is a question of subject matter jurisdiction reviewed de novo.

Rule

Under Missouri law, the 'one recovery' rule prohibits wrongful death claims if the decedent has received satisfaction for the same wrongful conduct during their lifetime, whether by settlement or adjudication.

Under Missouri's wrongful death statute, a decedent's spouse or children may sue for damages, '[w]henever the death of a person results from any act, conduct, occurrence, transaction, or circumstance which, if death had not ensued, would have entitled such person to recover damages in respect thereof.'

Analysis

The court found that the Thompsons had no reasonable basis for their claims against the non-manufacturers, as the earlier personal injury judgment barred any further claims for wrongful death arising from the same conduct. The court applied the 'one recovery' rule, concluding that since Michael Thompson had already received compensation for his injuries, his family could not pursue additional claims after his death.

There can thus be no reasonable basis in law or fact to support the Thompsons' claims against the nonmanufacturing defendants MFA Petroleum and Barber & Sons.

Conclusion

The Court of Appeals affirmed the district court's dismissal of the wrongful death claims, holding that the Thompsons could not recover against the defendants due to the prior judgment.

Accordingly, we affirm the judgment of the district court.

Who won?

The defendants prevailed in the case because the court upheld the district court's ruling that the wrongful death claims were barred by the 'one recovery' rule.

The Thompsons appeal, and we affirm.

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