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Williams v. Clay County11/13/2003
In Powell v. City of Pascagoula, 752 So.2d 999 (Miss. 1999), we held that a notice substantially complied with the Act even though it failed to include the claimant's address. Remarking on the claimant's good faith attempt to notify the city of her claim, we stated
This Court has found substantial compliance in Alexander v. Mississippi Gaming Comm'n, 735 So.2d 360 (Miss.1999); and Ferrer v. Jackson County Bd. Of Supervisors, 741 So.2d 216 (Miss.1999), as well as several others more recent, where it appeared that a good faith effort had been made to provide the information to which they had access, and which they believed was required and to notify the party whom they reasonably believed was responsible for acceptance of the notice.
Id. at 1005.
. Williams made a reasonable, good faith effort to provide Clay County with all the information available to her regarding her injuries. Immediately after the accident she personally requested to speak with the chancery clerk, who, after helping to clean her wounds, told her that her injury was not severe enough to seek medical attention. Williams later sent a letter to the same clerk which complied with 11-46-11(2) in every way, save the extent of her injury and the exact amount of money damages sought. However, these minor discrepancies are not fatal to her claim.
. This Court has held that "the scheme of substantial compliance adopted by this Court in Reaves and Carr does not require that a plaintiff substantially comply with each informational notice requirement set forth in the Tort Claims Act." Thornburg v. Magnolia Reg'l Health Ctr., 741 So.2d 220, 222 (Miss. 1999). In Carr, the Court held that the plaintiff's failure to include the amount of damages in her notice of claim as is required by section 11-46-11(2) was not detrimental to her claim under a substantial compliance standard. 733 So. 2d at 265-66.
. In Thornburg, the claimant's notice of claim failed to provide his address. This Court held that the health center could have easily have found the claimant's address on its own. Id. at 223. In effect, the Court imputed a duty upon the government entity to find whatever information is missing from a notice of claim it receives from claimants that are suing the entity. Id.
. In the case at bar, the record is silent as to whether Williams provided either Robinson or the supervisors the name of her doctors or the location where she was being treated. However, she has alleged that she told Clay County that her injury was severe and that it would require surgery; under Thornburg, Clay County may have had a duty to discover the specifics for itself. The record does not reveal whether Clay County did any investigating at all after learning of the true nature of Williams' injury. Through discovery they could find out this relevant information. Considering that the purpose of the notice requirement is to give the government entity a chance to investigate the claim, the case should be remanded for development.
. That the failure to include the exact amount of damages sought is not fatal to a claim is especially true where, as here, the extent of the injury and/or the amount of money damages sought is not known at the time notice is given. Once the extent of her injury was discovered, Williams met with two members of the board of supervisors and provided them this information. Later that same day, in a telephone conversation, she gave Robinson the same information and he told her that the County would pay her medical bills.
. Admittedly, the November 1999 letter fails to clearly state that Williams plans to seek reimbursement from the County for her personal injury; h
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