Legal Opinion

Randy Williams v. Clark Sand Company, Inc.

Mississippi Supreme Court

Decided October 1, 2015No. 2014-CA-00579-SCTPublishedCited by 3 opinions

1Opinion of the Court

WALLER, Chief Justice,

for the Court:

¶ 1. This is a latent-injury silicosis case filed against a Florida corporation that was dissolved. This appeal presents the questions of whether the Florida corporate-survival statute applies to a Mississippi plaintiff, or whether the discovery rule for latent injuries permits claims to be brought against the foreign corporation after dissolution.

¶ 2. At common law, when a corporation dissolved, it no longer existed, and it could not be sued. But because of the harshness of this rule, Florida, like most states, has adopted a corporate-survival statute that…

2Cases cited43 opinions

  1. CTS Corp. v. Dynamics Corp. of AmericaSupreme Court of the United States · 1987
  2. Mitchell v. CraftMississippi Supreme Court · 1968
  3. Chicago Title & Trust Co. v. Forty-One Thirty-Six Wilcox Bldg. Corp.Supreme Court of the United States · 1937
  4. Oklahoma Natural Gas Co. v. OklahomaSupreme Court of the United States · 1927
  5. Boardman v. United Services Auto. Ass'nMississippi Supreme Court · 1985

38 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Bouchillon v. SAME Deutz-Fahr, GroupDistrict Court, N.D. Mississippi · 2017
  2. Charles Shortie v. Rochelle GeorgeCourt of Appeals of Mississippi · 2017
  3. Great American Life Insurance Company v. TannerDistrict Court, N.D. Mississippi · 2020

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