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Southern v. Mississippi State Hospital9/11/2003
ief exactly he sought from the trial court. However, it appears that Southern attempted to make a claim of medical malpractice, defamation, intentional infliction of emotional distress, mental anguish, loss of business and loss of enjoyment of life resulting from the actions of the state hospital and Drs. Jackson and Murray in connection with his court ordered commitment to Whitfield. Southern sought a judgment for $9,000,000 from each doctor.
. Southern was discharged from the Mississippi State Hospital on December 10, 1999, after being committed by the Chancery Court of Hinds County on April 28, 1999. Southern filed his complaint in the Circuit Court of Rankin County on June 19, 2002.
. The trial court dismissed Southern's complaint citing various reasons for the dismissal. The trial court stated that Southern had "failed to file his claim within the one year statute of limitations under § 11-46-11 of Mississippi Code Annotated and therefore is barred from maintaining this lawsuit and all its claims against all efendants." We agree.
. In Pickens v. Donaldson, M.D., 742 So.2d 684, 687 (Miss. 1999) this Court held that:
The MTCA provides:
the exclusive civil remedy against a governmental entity or its employee for acts or omission which give rise to a suit.
See City of Tupelo v. Martin, 747 So.2d 822, 826 (Miss. 1999) ("the MTCA provides the exclusive remedy for a injured by a governmental entity's act or omissions).
. Miss. Code Ann. § 11-46-7 (1) provides:
The remedy provided by this chapter against a governmental entity or its employee is exclusive of any other civil action or civil proceeding by reason of the same subject matter against the governmental entity or its employee or the estate of the employee for the act or omission which gave rise to the claim or suit; and any claim made or suit filed against a governmental entity or its employee to recover damages for any injury for which immunity has been waived under this chapter shall be brought only under the provisions of this chapter, notwithstanding the provisions of any other law to the contrary.
. Miss. Code Ann. § 11-46-11 provides the statute of limitations and requirements for filing suit against a governmental entity or its employees. Miss. Code Ann. § 11-46-11 states:
(1) After all procedures within a governmental entity have been exhausted, any person having a claim for injury arising under the provisions of this chapter against a governmental entity or its employees shall proceed as he might in any action at law or in equity; provided, however, that ninety (90) days prior to maintaining an action thereon, such person shall file a notice of claim with the chief executive officer of the governmental entity. Service of notice of claim may also be had in the following manner: If the governmental entity is a county, then upon the chancery clerk of the county sued; if the governmental entity is a municipality, then upon the city clerk. If the governmental entity to be sued is a state entity as defined in Section 11-46-1 (j), service of notice of claim shall be had only upon that entity's chief executive officer. If the governmental entity is participating in a plan administered by the board pursuant to Section 11-46-7(3), such chief executive officer shall notify the board of any claims filed within five (5) days after the receipt thereof.
(2) Every notice of claim required by subsection (1) of this section shall be in writing, and shall be delivered in person or by registered or certified United States mail. Every notice of claim shall contain a short and plain statement of the facts upon which the c
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