Miss. High Court Reconsiders and Asks Jury to Decide if 'Girlfriend' Has Standing

JACKSON, Miss. - A divided Mississippi Supreme Court has reconsidered an earlier decision to prevent the girlfriend of a former sandblaster from pursuing a wrongful death action and said the fact-finder must decide whether she has standing as a common-law wife. Clark Sand Company Inc., et al. v. Ruby C. Kelly (a/k/a Ruby Kelley), et al., No. 2008-IA-01437-SCT (Miss. Sup. Ct.).

The high court said in withdrawing its earlier opinion and substituting an en banc majority opinion that Ruby C. Kelley could qualify as an interested party under Mississippi's wrongful death statute if it were found that she was David …