In an opinion from Thursday in Delta Regional Medical Center v. Green, the Mississippi Supreme Court ruled on conflicting language in Miss. Code Ann. 11–46–11 regarding when a plaintiff can file suit. Justice Pierce wrote the Court’s unanimous decision affirming the decision of the Washington County Circuit Court by Judge Richard Smith. Here is the opinion.
Miss. Code Ann. 11–46–11(1) states that a party must file a notice of claim with the chief executive officer of a governmental entity 90 days before filing a lawsuit.
But Miss. Code Ann. 11–46–11(3) states that the statute of limitations is tolled for 95 or 120 days and that the claimant has 90 days to file suit after service of the notice of claim on the governmental entity.
In resolving this confliction language the Court stated:
…we are left with no choice but to find the phrase ‘during which time no action may be maintained by the claimant unless the claimant has received a notice of denial of claim’ found in Section 11–46–11(3) unenforceable.
The result of the decision is that a plaintiff can file suit 90 days after providing notice. In this case, the plaintiff gave notice on the ninety-first day, so the trial court correctly denied the defendant’s motion to dismiss.
George ‘Boo’ Hollowell of Greenville represents the plaintiff. Carl Hagwood of Greenville represents the defendant.