IN THE SUPREME COURT OF MISSISSIPPI
NO. 2016-IA-01060-SCT
TARINIKA SMITH, INDIVIDUALLY AND ON BEHALF OF KAYDEN JOHNSON, DECEASED, SHELENA AUSTIN PREWITT, NATURAL MOTHER AND NEXT FRIEND OF XAVIER AUSTIN, A MINOR, JAKILA MARTIN, A MINOR, MARLO WATKINS, A MINOR, AND HELEN YANCY, A MINOR, LINDA CUNNINGHAM, GENERAL GUARDIAN AND NEXT FRIEND OF TREVIN MAYS, A MINOR, AND JERKISHA MAYS, A MINOR, CHRISTINE MAGEE, NATURAL MOTHER AND NEXT FRIEND OF MONSHANNA WESTON, BRENDA WOODARD, NATURAL MOTHER AND NEXT FRIEND OF BRENAE WOODARD, A MINOR, ANGELA CRAFT, NATURAL MOTHER AND NEXT FRIEND OF DEARYELL CRAFT, A MINOR, KAYTANA DILLARD, NATURAL MOTHER AND NEXT FRIEND OF RONISHA DILLARD, A MINOR, JERMAINE DILLARD, A MINOR, AND QUASHOUNTA DILLARD, A MINOR
v.
CHURCH MUTUAL INSURANCE COMPANY AND ADLAI JOHNSON
DATE OF JUDGMENT: 10/24/2016 TRIAL JUDGE: HON. JOHN KELLY LUTHER TRIAL COURT ATTORNEYS: DRAYTON D. BERKLEY HARDIN CHASE PITTMAN MARGARET ZIMMERMAN SMITH PAUL NORMAN DAVIS D. REID WAMBLE MATTHEW RYAN MACAW COURT FROM WHICH APPEALED: MARSHALL COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANTS: DRAYTON D. BERKLEY ATTORNEYS FOR APPELLEES: MARGARET ZIMMERMAN SMITH PAUL NORMAN DAVIS HARDIN CHASE PITTMAN NATURE OF THE CASE: CIVIL - PERSONAL INJURY DISPOSITION: AFFIRMED IN PART; REVERSED IN PART AND REMANDED - 08/02/2018 MOTION FOR REHEARING FILED: MANDATE ISSUED:
EN BANC.
RANDOLPH, PRESIDING JUSTICE, FOR THE COURT:
¶1. The Marshall County Circuit Court entered an order dismissing Adlai Johnson from
the suit for Plaintiffs' failure to timely serve him.1 Church Mutual Insurance Company
("Church Mutual") then moved to have the trial court declare that Tennessee substantive law
controlled the case. After the trial court so declared, Church Mutual moved for summary
judgment based on Tennessee law prohibiting direct actions against insurers for uninsured
motorist ("UM") claims. The trial court then entered summary judgment in favor of Church
Mutual. Plaintiffs seek interlocutory review of all three rulings. We find no error in the
dismissal of Johnson for Plaintiffs' failure to serve. We further find no error with the trial
court applying Tennessee law to determine whether the contract provided UM coverage to
Plaintiffs. However, we find that the trial court erred in applying Tennessee substantive law.
We reverse those judgments of the Marshall County Circuit Court and remand for
proceedings consistent with this opinion.
Johnson filed a separate suit against Smith and Mt. Vernon, which drew a counterclaim. That suit also was filed in Marshall County and later was consolidated with this suit. Neither party has made that suit part of this appeal.
STATEMENT OF FACTS AND PROCEDURAL HISTORY
¶2. On April 28, 2013, Tarinika Smith and twelve minor children (collectively Plaintiffs)
were involved in an automobile accident with a vehicle driven by Adlai Johnson.2 Smith was
operating a passenger van owned by Mount Vernon Missionary Baptist Church (Mt. Vernon),
located in Rossville, Tennessee, which was transporting the children. The accident occurred
in Marshall County, Mississippi. At the time of the collision, Smith was pregnant. Plaintiffs
and Johnson all are Tennessee residents.
¶3. However, Church Mutual's principal place of business is in Wisconsin. Church