Matthews v. SMV Property Holdings, LLC

The plaintiff filed the instant nursing home medical malpractice action in the Circuit Court of Sunflower County, Mississippi on July 31, 2008. The defendants removed the case to federal court on September 12, 2008 asserting that the sole Mississippi-resident defendant, Rita Beachum, was improperly joined merely to defeat federal diversity jurisdiction. The plaintiff filed the instant motion to remand on October 12, 2008, arguing that the plaintiff’s claims against Rita Beachum are valid and the applicable two-year statute of limitations period was tolled until Ms. Brown’s death on December 8, 2006 because she was of unsound mind. The defendants argue in their response that Ms. Brown was not of unsound mind because, though she was diagnosed with Alzheimers, she could still manage her own affairs sufficiently enough to render her capable of knowing she might have a cause of action. Alternatively, the defendants argue that Ms. Brown’s step-daughter, Minnie Matthews, acted as her representative during her stay at the subject nursing home and therefore is charged with the knowledge of a possible claim, thereby triggering the two-year statute of limitations period. The defendants argue further that, even if the statute of limitations period is deemed to have been tolled, the Complaint does not specifically state a cause of action against Rita Beachum, the director of nursing.