Tallahatchie General Hospital v. Howe
2010 Miss. LEXIS 645
| Miss. | 2010Background
- Edwards died June 9, 2007 at Tallahatchie General Hospital (TGH).
- October 2007 notice of claim to Tallahatchie County chancery clerk, not to TGH or TGH’s CEO Brunson, and no notice to TGH occurred.
- June 2, 2008 Edwards filed suit against TGH and Criswell for wrongful death; argued county notice satisfied statute.
- Circuit Court held notice to county with copy to CEO sufficed under substantial-compliance approach and denied summary judgment.
- Mississippi Supreme Court held strict compliance required; notice must be filed with the governmental entity’s chief executive officer (TGH’s CEO Brunson); Edwards’ failure bars immunity waiver; tolling issue deemed not ripe for decision.
- Court reverses and remands for judgment consistent with opinion; holds dismissal without prejudice not addressed in the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sovereign immunity is waived when notice is not given to the proper entity. | Edwards: notice to county suffices. | TGH: strict compliance to 11-46-11(1) required with proper recipient. | Immunity not waived; strict compliance required. |
| Whether substantial compliance applies to notice to the proper entity under 11-46-11(1). | Edwards: substantial compliance should apply since notice reached county. | TGH: must be received by CEO; substantial compliance insufficient. | Strict compliance required; mere receipt by county is inadequate. |
| Whether filing a complaint tolls the statute of limitations when immunity is not waived. | Premature/ripe for decision; not addressed. |
Key Cases Cited
- Easterling, 928 So.2d 815 (Miss. 2006) (strict 90-day notice rule enforced; overruled Powell to extent inconsistent with strict compliance)
- Powell v. City of Pascagoula, 752 So.2d 999 (Miss. 1999) (notice issues central to MTCA before statutory amendments)
- Arceo v. Tolliver, 19 So.3d 67 (Miss. 2009) (reinforces mandatory nature of MTCA notice regardless of recipient knowledge)
- Price v. Clark, 21 So.3d 509 (Miss. 2009) (strict compliance with statutory notice required)
- Tolliver I, 949 So.2d 691 (Miss. 2006) (precedent on notice requirements and dismissal without prejudice considerations)