167 So. 3d 259
Miss. Ct. App.2015Background
- Patricia Vick underwent neurosurgery on July 29, 2009, performed by Dr. Robert Tiel; Dr. Tiel died shortly thereafter.
- Patricia was treated at St. Dominic’s in early August 2009 for throat/voice problems and was diagnosed with right vocal-cord paralysis; she was competent during that hospitalization.
- Patricia filed a medical-negligence complaint on November 14, 2011 against Dr. Tiel’s estate and Brandon HMA d/b/a Crossgates; appellees moved for summary judgment asserting the statute of limitations had expired.
- Vick argued the limitations period was tolled by Mississippi Code § 15-1-59 because she has been of unsound mind since childhood and alternatively that the limitations period began later (November 26, 2009) when a relative advised her to seek counsel.
- Vick submitted affidavits showing limited education, reliance on family for transportation and financial management, and family assistance; defendants submitted record evidence that Vick made medical decisions, worked as a CNA, participated in church, and coherently participated in litigation and depositions.
- The trial court granted summary judgment, finding insufficient proof that Vick’s mental condition tolled the statute; the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 15-1-59 tolled the statute of limitations due to plaintiff's alleged unsoundness of mind | Vick: she has been of unsound mind since childhood and relies on family for finances/transportation, so the limitations period was tolled | Appellees: record shows Vick managed ordinary affairs (consented to surgery, hospitalized competently, worked as a CNA, participated in church, handled litigation), so no tolling | Court: No tolling — evidence does not show Vick was so unsound or weak in mind that she could not manage ordinary affairs; summary judgment affirmed |
| When statute of limitations began to run (latent injury discovery rule) | Vick: limitations began Nov 26, 2009 when niece told her the choking was not normal | Appellees: Vick knew or should have known by her August 2009 St. Dominic’s visit after surgery | Held: Court found Vick knew or by reasonable diligence should have known in August 2009; she did not meaningfully argue the start date on appeal, and summary judgment stands |
Key Cases Cited
- Brumfield v. Lowe, 744 So. 2d 383 (Miss. Ct. App. 1999) (defines test for "unsoundness of mind" tolling — inability to manage ordinary affairs)
- Shippers Express v. Chapman, 364 So. 2d 1097 (Miss. 1978) (discusses mental incapacity standard for tolling statutes of limitations)
- Hampton v. Gannett Co., 296 F. Supp. 2d 716 (S.D. Miss. 2003) (district court example where medical/administrative disability evidence sufficed to shift burden)
- Morton v. City of Shelby, 984 So. 2d 323 (Miss. Ct. App. 2007) (standard of review for summary judgment: de novo)