E. GRADY JOLLY, Circuit Judge:
Aaron Wayne Page ("Page") was allegedly raped while in jail when he was nineteen
On August 2, 2007, Page was a nineteen-year-old pre-trial detainee at the Harrison County Adult Detention Center. Page alleges that in the early morning hours, another inmate was able to leave his own cell and enter Page's, where he assaulted and raped Page. Page further contends these events were made possible, in part, by faulty locks Brink manufactured.
Page initially filed suit in February 2009. In February 2011, he amended his complaint adding Brink as a party and claims of negligence, strict liability, and breach of implied warranty against it. Brink moved for summary judgment, contending Mississippi's three-year statute of limitations period, applicable to personal injury and products liability, applied. Brink argued Page was an emancipated minor when the alleged events occurred, because he was arrested and charged as an adult more than sixteen times before turning 21. See MISS.CODE. ANN. § 93-11-65(8)(a). As such, the statute of limitations began to run at the time the alleged events occurred. Page countered that he continued to suffer from the disability of infancy until he turned 21, and thus that his February 2011 amendment was timely. See MISS.CODE ANN. § 15-1-59.
The district court found Brink's arguments unpersuasive. It examined Mississippi's statute and case law, and determined that emancipation is a concept separate and distinct from the disability of infancy. Accordingly, it denied Brink's motion for summary judgment. Brink timely filed an interlocutory appeal.
We have appellate jurisdiction to decide this interlocutory appeal under 28 U.S.C. § 1292(b). "Questions of statutory interpretation are, of course, reviewed de novo." Carder v. Cont'l Airlines, Inc., 636 F.3d 172, 174 (5th Cir.2011). Where, as here, a federal court exercises jurisdiction over state law causes of action based upon diversity of citizenship, see 28 U.S.C. § 1332, we apply state substantive law as stated in the final decisions of the state's highest court. Shanks v. AlliedSignal, Inc., 169 F.3d 988, 993 (5th Cir.1999). "When there is no ruling by the state's highest court, it is the duty of the federal court to determine as best it can, what the highest court of the state would decide." Lampton v. Diaz, 661 F.3d 897, 899 (5th Cir.2011) (internal quotation marks omitted).
The question presented in this appeal is whether an emancipated minor — who is emancipated only based upon his record of felonies — is entitled to the protection of the Mississippi savings statute, under which the disability of infancy is not removed until a person reaches age twenty-one.
We begin by examining the relevant provisions of the Mississippi Code, which provide the framework for evaluating this case. There are several code provisions that are applicable in reaching the answer to today's question. First, we consider Chapter 1, Title 15 of the Mississippi Code, establishing the savings statute, which provides:
MISS.CODE ANN. § 15-1-59. An "infant" for purposes of the savings statute is any person under twenty-one years of age. MISS.CODE ANN. § 1-3-21.
Title 93, meanwhile, deals with domestic relations, a seemingly distant subject from our domain today. Section 93-11-65(8)(a) is entitled "Enforcement of Support of Dependents," and establishes the situations under which a child may become emancipated, thus relieving obligations of parental support. It states in relevant part:
MISS.CODE ANN. § 93-11-65(8)(a) (Supp. 2010).
Next, we look at Chapter 19 of Title 93, entitled "Removal of Disability of Minority," which details circumstances whereby the chancery court may remove the disability of minority as to real estate rights and transactions for an individual under twenty-one. The statute further provides how such an individual may apply for removal of disability, that the disability of minority does not apply to married minors for purposes of actions involving marital rights, and that persons eighteen years of age or older are competent to contract in matters affecting personal property.
MISS.CODE ANN. § 93-19-09.
The plain language of the Code distinguishes between the two terms "disability of infancy" and "emancipation," as evidenced by the separate treatment afforded to each under the provisions above. Each entails its own consequences; and the Code provides for different means by which the disability may be removed and emancipation may be effected.
In this appeal, however, Brink contends that Page's alleged emancipation
Brink looks primarily to Ladner v. Logan, 857 So.2d 764 (Miss.2003), for sustenance. That case, however, is no lifeline for Brink. Brink contends the Mississippi Supreme Court "affirmed the trial court's conclusion that the children's `disabilities of infancy' had been removed prior to them turning 21 years old and that, as such, only the youngest son had a viable claim." See Br. of Appellant at 9-10. But the trial court made no such finding, and neither did the Mississippi Supreme Court. In Ladner, Cheryl Ladner sought payment of unpaid child support for her four children from her ex-husband, Woodrow Logan. 857 So.2d at 765. The trial court chancellor noted both the dates at which each child was emancipated
On appeal, the Mississippi Supreme Court addressed, inter alia, "[w]hether the chancellor erred in his application of the statute of limitations as it applied to the adult children." 857 So.2d at 771. Ladner's argument on appeal was that "since the youngest child of four children became emancipated at the time of high school
In reaching this conclusion, the court relied upon Brown v. Brown, 822 So.2d 1119 (Miss.Ct.App.2002), in which Mrs. Brown sought payment of child support for her two then — adult children from her exhusband, Mr. Brown. Id. at 1120. The Brown court first noted § 15-1-59 tolls the statute of limitations until the disability of infancy is removed. Id. at 1121. It then found that more than seven years had elapsed since the Browns' son reached age twenty-one, and thus that his claim was barred. Id. It found the daughter's claim was still viable, however, as she had not yet turned twenty-eight. Id. Accordingly, the court looked to whether each child had reached the age of majority to determine whether the statute of limitations had run, not whether either had been emancipated more than seven years prior.
Next, Brink looks to the decision of the Mississippi Court of Appeals in White v. Abel, 802 So.2d 98 (Miss.Ct.App.2001), and again fails to make a persuasive connection in support of its argument. In that case, the question was "[w]hether the lower court erred by admitting into evidence the affidavit of minor, Tonya Able, which the [trial] court relied upon in holding the minor was emancipated at age seventeen and the statute of limitations had run on this action." Id. at 100. Tonya's mother, who brought the suit for back child support, did not argue on appeal that the statute of limitations was tolled until Tonya turned twenty-eight, but instead she argued that the lower court erroneously had considered Tonya's affidavit, executed when Tonya was approximately twenty-six. The affidavit had undermined the mother's claim for child support because in it Tonya had waived all her rights and claims to any back child support that her father may have owed. Id. at 100-01.
On appeal, the court held that Tonya's mother did not have standing to sue for arrearage, because her capacity to sue only served as a conduit for Tonya, and, at the time the suit was filed and the affidavit was executed, Tonya was an adult (age twenty-six) and she had explicitly disclaimed any right to sue after she reached majority. Id. at 102-03. It is true that the court concluded that, in any event, the statute of limitations had run on the claim. Id. at 103. Brink takes this statement and argues it clearly demonstrates that the statute of limitations begins to run when a
Finally, we should observe that Brink has relied solely upon cases that have arisen in the context of domestic relations, and has referred us to no case addressing the savings clause as it relates to tort claims similar to those at issue here. Indeed, each case upon which Brink relies addressed whether an emancipated child's claim for unpaid child support remained viable or had been extinguished by the statute of limitations. Thus, even assuming each case stands for the proposition Brink attributes to it, Brink at best has demonstrated that emancipation, occurring before reaching majority age, may allow the statute of limitations to begin to run against a child for purposes of collecting back child support. This demonstration is not ultimately helpful for Brink, as the Mississippi Code makes clear that the disability of minority may be removed for some purposes while remaining in place for other purposes. See MISS.CODE ANN. § 93-19-9 (noting the decree of removal must "distinctly specify to what extent the disability of the minor is removed, and what character of acts he is empowered to perform notwithstanding his minority"). Furthermore, the Mississippi statutes explicitly require a Chancellor to remove the disability of minority from an individual under twenty-one before that individual can be deemed not to suffer from the disability. See MISS.CODE ANN. § 93-19-9; Miss. Unif. Ch. Ct. R. 7.03 ("In all cases for the removal of disability of a resident minor, the minor must be produced before the Chancellor for observation and examination unless specially excused from doing so."); Miss. State Tax Comm'n v. Reynolds, 351 So.2d 326, 328 (Miss.1977) (holding the chancellor must find a minor of "maturity, sound judgment and intelligence" to remove disability). These statutes and cases make clear that removal of the disability of minority does not arise automatically upon the occurrence of specified events except for reaching the age of twenty-one; this limitation stands in stark contrast with emancipation, which may be deemed to have automatically arisen upon the occurrence of statutorily designated events. See MISS.CODE ANN. § 93-11-65(8)(a) (detailing the conditions under which emancipation occurs). Brink's argument that emancipation triggers the automatic removal of disability of minority is thus at odds with the Code's plain requirements. Brink has offered no reason to
In sum, the Mississippi Code clearly distinguishes between the concepts of emancipation and the disability of infancy, as well as the implications of each, and Mississippi cases do not illustrate an intent to deviate from this clear distinction. We thus hold that, under Mississippi law, the statute of limitations did not begin to run against Page until he reached the age of majority. The judgment of the district court is, therefore,
AFFIRMED.
OWEN, Circuit Judge, concurring in the judgment:
This case was briefed to our court based on the argument that Page's disability of minority was removed by section 93-11-65(8)(a) of the Mississippi Code.
Chapter 19 of the Mississippi Code is entitled "Removal of Disability of Minority" and addresses a number of circumstances in which the disability of a minor may be removed. I note that it is at least arguable that Page's disability of minority may be partially removed by a provision found in Chapter 19, section 93-19-13,
A cause of action for personal injuries is personal property under Mississippi law.