Friday, January 6, 2017

Wrongful Death

On Thursday, the Mississippi Supreme Court decided Estate of Davis et. al. v. Blaylock et. al. located here.  The first case filed in a wrongful death action is the one that proceeds.  The rest are of no effect.   The Court in its opinion noted; 

"Still, Davis contends the proper course was to consolidate her multiple actions. But when faced with a similar request to consolidate in Long, we clearly held that, because any subsequently filed actions are “of no effect and should be dismissed,” they cannot be consolidated with the first action. Id. at 174. “Consolidation of suits presupposes that there are two suits to consolidate.” Id. And because a wrongful-death claim “must be brought in a single suit, there cannot be two suits to consolidate.” Id."

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