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Overstreet v. George County School District6/22/1999
DATE OF JUDGMENT: 10/31/1997
TRIAL JUDGE: HON. KATHY KING JACKSON
COURT FROM WHICH APPEALED: GEORGE COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
TRIAL COURT DISPOSITION: MOTION TO DISMISS GRANTED TO APPELLEE
DISPOSITION: REVERSED AND REMANDED: 6/22/99
. Mary Jane Overstreet appeals a judgment of the George County Circuit Court which granted George County School District's motion to dismiss on the grounds that Overstreet failed to comply with the notice requirements of the Mississippi Tort Claims Act. Finding that Overstreet substantially complied with the notice requirements, we reverse the circuit court's decision.
THE FACTS
. On September 27, 1995, a George County school bus struck a vehicle driven by Mary Jane Overstreet. As a result of the collision, Overstreet injured her back and underwent back surgery. In her complaint, she also claimed damages for her suffering from chronic pain and depression. Overstreet dealt with the school district's insurance carrier and handled the matter of her property damage claim without the assistance of an attorney. However, in early January 1996, Overstreet employed the services of attorney Mark W. Davis for assistance with her remaining personal injury claim.
. On June 6, 1996, Overstreet filed her complaint against George County School District. In response, the school district filed an answer and subsequently filed two amended answers. Though the school district had not raised the issue as a defense, on July 2, 1997, it filed a motion to dismiss Overstreet's complaint based on her failure to comply, strictly, with the requirements of notice under the Mississippi State Tort Claims Act. On August 28, 1997, the County filed an amended motion to dismiss.
. According to Overstreet, on January 4, 1996, the following letter was forwarded via U.S. Mail, postage prepaid, to Shows, the superintendent of the George County School District:
"Pursuant to Mississippi Code Annotated Section 11-46-11, notice is hereby given to you of the claim of Mary Jane Overstreet for damages and injuries incurred as a result of an accident involving a Geroge County school bus driven by your employee, Ms. Billie E. Tillie. I realize this matter has already been turned over to your insurance carrier, but Mississippi law requires that written notice of a claim against a governmental entity be given to the chief executive officer of the governmental entity. "By copy of this correspondence, I am providing the adjuster, Nancy Ostrowski, with a copy of same. . . . /s/ Mark W. Davis."
. By affidavit, Mark W. Davis, Overstreet's attorney, and his legal assistant attested that such letter was in fact mailed to Shows via the United States Postal Service on or about January 4, 1996. Also by affidavit, Superintendent Shows attested that he received a copy of the January 4, 1996 letter via facsimille on July 2, 1997. Shows stated that to the best of his knowledge he had not seen or received the January 4, 1996 letter prior to July 1997.
. In deposition testimony taken on September 15, 1997, Superintendent Shows of the George County School District stated that he received notice of the accident the day it occurred. He also knew that Overstreet was making a property damage claim as well as a personal injury claim. He further stated that he knew that both claims would be handled by the school district's insurance carrier. Shows stated that by 9:00 a.m. on the day of the accident, the school district's insurance carrier was put on notice of the accident.
. On the motion to dismiss, the trial court c
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