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Williams v. Vintage Petroleum3/5/2002
s separate claim has broader application than the statutorily-enacted lis pendens provisions found in the Mississippi Code. Chancellor Griffith, in speaking of the statute, noted that the statute "affects the common law rule only to the extent and within the exact area just stated, and as to all else the common law rule remains in full force." V. A. Griffith, Mississippi Chancery Practice ยง529, at 543. Thus, even though this case was inappropriate for the filing of a statutory lis pendens notice, I would hold that the broader common law doctrine applies.
. Henry Lee Williams also argues that he has raised a personal injury claim that could not possibly be barred, no matter the disposition of the property damage claim. However, a review of his complaint shows that his purported personal injuries consist solely of alleged emotional damage "resulting from [the defendants'] contamination of real and personal properties." This claim is for consequential damages, dependent on the existence of a viable claim for the actual damages to the property itself. Since I would hold the principal claim to be barred, this derivative claim for emotional injury would, in my view, also be barred by the adverse outcome of the Viola Williams suit in federal district court.
SOUTHWICK, P.J., JOINS THIS SEPARATE WRITTEN OPINION.
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