Coleman Powermate, Inc. v. Rheem Mfg. Co.

Summary

The Mississippi Supreme Court held that a wrongful death cause of action is not assignable by wrongful death beneficiaries to one alleged tortfeasor for prosecution against another alleged joint tortfeasor. The court also held that the assignee-tortfeasor could not pursue contribution, indemnity, or reimbursement claims absent the statutory prerequisites, including a joint judgment. The court reversed and rendered judgment granting summary judgment to Coleman Powermate, Briggs & Stratton, and Wal-Mart.

Holdings

1. A wrongful-death claim is not assignable by a wrongful-death beneficiary to one tortfeasor for assertion against another alleged joint tortfeasor. Mississippi's wrongful-death statute does not confer on a tortfeasor the right to prosecute the beneficiaries' wrongful-death cause of action as an assignee.
2. Rheem's cross-claims for contribution, indemnity, and reimbursement were unavailable and were dismissed with prejudice because Rheem conceded that Mississippi law did not permit those claims absent a judgment against it.
3. Summary judgment was proper because the amended complaint asserted a wrongful-death claim that Rheem lacked authority to prosecute as assignee, and Rheem's cross-claims were unavailable as a matter of law.

Questions Presented

1. Whether a wrongful-death beneficiary may assign a wrongful-death cause of action to one alleged tortfeasor, allowing that tortfeasor to prosecute the claim against another alleged joint tortfeasor.
2. Whether Rheem's assigned wrongful-death claim and its cross-claims for contribution, indemnity, and reimbursement could proceed despite the absence of a judgment establishing Rheem's joint liability.

Disposition

reversed