Issue: standing to file wrongful death suit

I’ve been trying to  report  on the interlocutory appeals granted so that lawyers will have a heads up when a particular issue is percolating.  But sometimes they don’t show up on a handdown list.  This is one of them:  TRK, LLC d/b/a Timber Ridge Townhouse Apartments, B&B Management Group, LLC and Tara Burnside v. Vivian Myles, Individually and on Behalf of all Wrongful Death Beneficiaries of Enrique L. Myles, Deceased and/or L.J.W., a Minor, by and through Her Mother and Next Friend, Janna Warnsley.  It’s on the docket calendar for submission to the Miss. S.Ct. today.

It’s a wrongful death/premises liability case where the wrongful death case was filed by the mother of the deceased on behalf of all wrongful death act beneficiaries.  The defendants argue that since the deceased Enrique Myles, left behind a daughter (born seven days after he died), and the daughter was the only “first tier” beneficiary, the deceased’s mother had no standing to file suit.   Judge Winston Kidd disagreed. The Defendants filed a petition for permission to file an interlocutory appeal which the Mississippi Supreme Court granted.

timber-ridge-brief

vivian-myles-brief

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