382 So.3d 1181
Miss. Ct. App.2024Background
- Abigail Murphy, a medical student at William Carey University (WCU), alleged she was injured during a classroom demonstration by professor Dr. Richard Margaitis in April 2013.
- In July 2015, Murphy filed suit against Margaitis, the dean, and WCU for negligence, negligent hiring/supervision, and breach of contract.
- WCU asserted as affirmative defenses that Murphy’s claims were barred by the statute of limitations and for lack of pre-suit notice, as required for medical malpractice claims under Mississippi law.
- Despite raising these defenses in their answer, WCU did not actively pursue them until years later, instead actively participating in litigation and discovery.
- The circuit court eventually granted WCU summary judgment based on these defenses. Murphy appealed, arguing WCU had waived them by not timely pursuing them.
- The Court of Appeals reversed, holding WCU had waived these defenses and remanded the case for further proceedings.
Issues
| Issue | Murphy’s Argument | WCU’s Argument | Held |
|---|---|---|---|
| Waiver of statute of limitations defense | WCU waived by failing to pursue defense for years | Delay justified; needed discovery to develop defense | Defense waived; unjustified delay |
| Waiver of pre-suit notice defense | WCU waived by not timely enforcing defense | Notice is mandatory/jurisdictional; cannot be waived | Defense waived; not jurisdictional |
| Application of law-of-the-case doctrine | Prior denial of summary judgment bars relitigation | Circuit court not bound; new grounds can be raised | Not addressed; waiver issue dispositive |
| Whether claim sounded in med mal or negligence | Ordinary negligence statute applies | Claim is for med malpractice, thus med mal statute applies | Medical malpractice law applies |
Key Cases Cited
- MS Credit Ctr. Inc. v. Horton, 926 So. 2d 167 (Miss. 2006) (affirmative defenses must be timely pursued, or they may be waived by active participation in litigation)
- Pruitt ex rel. Brooks v. Sargent, 349 So. 3d 729 (Miss. 2022) (affirmative defenses not raised or pursued timely are waived)
- Woodard v. Miller, 326 So. 3d 439 (Miss. 2021) (long delays in pursuing defenses can result in waiver)
- Hanco Corp. v. Goldman, 178 So. 3d 709 (Miss. 2015) (affirmative defense can be lost by failing to act in a timely way)
- E. Miss. State Hosp. v. Adams, 947 So. 2d 887 (Miss. 2007) (affirmative defense of insufficient process/service waived by participation before pursuing)
- Saul v. Jenkins, 963 So. 2d 552 (Miss. 2007) (originally held pre-suit notice for medical malpractice claims jurisdictional; later limited by other authority)
- Pollan v. Wartak, 240 So. 3d 1185 (Miss. 2017) (defense not waived when discovery needed to establish applicability)