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Williams v. Clay County11/13/2003
DATE OF JUDGMENT: 1/7/2002
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
DISPOSITION: AFFIRMED - 11/13/2003
EN BANC.
. Shirley K. Williams appeals the dismissal of her action for failure to state a claim on the basis that the action was time barred under the one-year statute of limitations contained in the Mississippi Tort Claims Act (MTCA). See Miss. Code Ann. 11-46-11 (Rev. 2002). Williams's suit is brought under the MTCA because she injured herself when she fell down the stairs at the Clay County Courthouse. Concluding that the circuit court correctly found that Williams did not timely file her suit, we affirm.
FACTS
. On November 1, 1999, Shirley Williams fell down the stairs at the Clay County courthouse, tearing her pantsuit. She immediately asked to see the Chancery Clerk of Clay County, Robbie Robinson. After Robinson attended to Williams, Williams went home and did not immediately see a doctor.
. Later that month, Williams sent Robinson a letter thanking him for his assistance after the fall. She wrote that the pantsuit she was wearing at the time of the fall was badly torn and needed replacement. Robinson forwarded a check to Williams for the amount of the pantsuit. Williams never cashed the check.
. In early 2000, Williams noticed that her knee was still sore from the fall. Soon thereafter, she began seeing a doctor.
. Williams had an appointment to meet with the Clay County Board of Supervisors on March 16, 2000, but all of the Board members were not present. Williams did meet with Shelton Dean, the president of the Board, and Board member Darrel Myers. Williams told Shelton and Myers about her injury and that she had been seeing a doctor who recommended that she see a specialist.
. Williams phoned Robinson later that day. Robinson told her that Clay County was willing to pay any valid medical claims. He also told her he had put his insurance company on notice of Williams's claim. This conversation was confirmed via a letter to Williams's attorney, Jim Waide, on February 13, 2001.
. Williams eventually had surgery on her knee. She filed this lawsuit against the County on January 31, 2001. Clay County filed a motion to dismiss claiming that Williams' pre-suit notice did not meet the requirements of the Tort Claims Act and did not toll the statute of limitations. The trial judge granted Clay County's motion.
STANDARD OF REVIEW
. A motion to dismiss under Miss. R. Civ. P. 12(b)(6) raises an issue of law. Burgess v. City of Gulfport, 814 So. 2d 149, 151 (Miss. 2002) (collecting authorities). We conduct a de novo review of questions of law. Id. (citing T.M. v. Noblitt, 650 So. 2d 1340, 1342 (Miss. 1995)). When considering a motion to dismiss, the allegations in the complaint must be taken as true, and the motion should not be granted unless it appears beyond a reasonable doubt that the plaintiff will be unable to prove any set of facts in support of his claim. Id. at 1342.
DISCUSSION
I. WHETHER WILLIAMS SUBSTANTIALLY COMPLIED WITH THE NOTICE REQUIREMENTS OF THE MTCA.
. The Mississippi Torts Claim Act diminished sovereign immunity for state governmental entities. Under the Act, a plaintiff may sue a governmental entity provided the action is brought within one year of the injury and proper notice of the claim is given to the governmental entity. Miss. Code Ann. 11-46- 11(3) (Rev. 2002). Proper notice:
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 stateme
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