MS Comp Choice, SIF v. Clark, Scott & Streetman

Summary

The Mississippi Supreme Court reviewed the dismissal of a legal-malpractice action brought by Mississippi Comp Choice, SIF against Clark, Scott & Streetman. The court held that Mississippi Rule of Civil Procedure 15(a) permits amendment of an unserved complaint and that substitution of a real party in interest may relate back under Rule 15(c). It reversed the grant of summary judgment and remanded for further proceedings.

Holdings

1. Mississippi Rule of Civil Procedure 15(a) allows a plaintiff to amend a complaint without first serving it on the defendant, so long as no responsive pleading has been served.
2. An amendment substituting a plaintiff relates back to the date of the original complaint under Mississippi Rule of Civil Procedure 15(c) if the new plaintiff is the real party in interest.
3. Summary judgment was improper because Comp Choice's evidence created a genuine issue of material fact concerning whether Safety Risk assigned its claims to Comp Choice and whether Comp Choice was asserting those assigned claims.

Questions Presented

1. Whether Mississippi Rule of Civil Procedure 15(a) permits a plaintiff to amend an unserved complaint before the defendant serves a responsive pleading.
2. Whether an amended complaint substituting a plaintiff relates back under Mississippi Rule of Civil Procedure 15(c) when the new plaintiff alleges that it is the real party in interest by assignment.
3. Whether summary judgment was proper on the issue of whether Safety Risk assigned its claims to Comp Choice and whether Comp Choice asserted those assigned claims.
4. Whether Comp Choice's additional claim concerning untimely notice of benefits was barred by the statute of limitations.
5. Whether the trial court improperly converted the motion to dismiss into a motion for summary judgment without permitting discovery.

Disposition

reversed_and_remanded