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McNair v. University of Mississippi Medical Center6/3/1999
DATE OF JUDGMENT: 02/06/1998
TRIAL JUDGE: HON. JAMES E. GRAVES, JR.
COURT FROM WHICH APPEALED: HINDS COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - TORTS - OTHER THAN PERSONAL INJURY AND PROPERTY DAMAGE
DISPOSITION: REVERSED AND REMANDED - 06/03/1999
STATEMENT OF THE ISSUE
. The issue before this Court is whether the Plaintiff's failure to strictly comply with the notice provisions of the Mississippi Torts Claims Act (hereinafter the Act) justified a dismissal of her complaint, where (1) her "notice of claim" letter was sent to the Administrator of the University Medical Center instead of the Chief Executive Officer as required by the Act, and (2) the notice letter was sent by United States mail, postage prepaid, and not sent by certified mail or hand delivery.
STATEMENT OF THE CASE
. On January 10, 1996, Appellant Linda McNair (now Long) (McNair) filed a complaint in the Circuit Court of the First Judicial District of Hinds County against Appellees University of Mississippi Medical Center and Anthony Jones ("UMC"). In her complaint, McNair sought damages in the amount of $100,000 for injuries allegedly received on January 20, 1995, when Officer Jones, a member of the hospital's campus police, twisted her arm behind her back in the process of handcuffing her.
. On February 16, 1996, UMC filed a Motion to Dismiss or Alternatively to Hold in Abeyance These Pleadings asserting, among other things, that McNair had failed to comply with the notice of claim requirements provided in Miss. Code Ann. § 11-46-11 (Supp. 1998). On February 29, 1996, McNair filed a Response to the Defendant's Motion to Dismiss or Alternatively to Hold in Abeyance These Pleadings arguing she had substantially complied with the notice of claim requirements.
. On January 22, 1998, McNair filed an Amended Response arguing more specifically that she had made a good faith effort to comply with the notice of claim requirements, that she had complied with the requirements in all substantial respects, and that UMC should have had ample time to investigate the claim since it received actual notice of the claim. McNair attached three exhibits to her Amended Response: Exhibit A is a copy of McNair's notice of claim letter dated October 5, 1995, and addressed to Mr. Ted Woodrell, Director of Hospital and Clinics, University Medical Center. Exhibit B is the Affidavit of Attorney Beverly D. Poole attesting to the good faith effort she made to ascertain the identity of the chief executive officer of UMC. Exhibit C is a letter written by McNair's previous attorney, Abe Rotwein, dated February 15, 1995, which was forwarded by United States mail, postage prepaid, and addressed to the legal department of UMC informing the hospital of her claim.
. On February 9, 1998, Circuit Court Judge James E. Graves, Jr. entered an Order of Dismissal, with prejudice, on the basis that McNair failed to comply with the notice requirements of Miss. Code Ann. § 11-46-11 in two respects (1) she did not mail her notice of claim letter to Dr. A. Wallace Conerly, the Chief Executive Officer of UMC, but instead mailed her notice of claim letter to Mr. Ted Woodrell, Director of Hospital and Clinics at UMC; and (2) she mailed her notice of claim letter by regular United States Mail, and not by certified or registered mail or hand delivery. On February 19, 1998, McNair filed a Motion to Reconsider, and said Motion was denied on February 20, 1998.
. Aggrieved by these orders, McNair filed her Notice of Appeal to this Court on March 20, 1998.
STATEMENT OF THE FACTS
. The critical facts in
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