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Williams v. Clay County11/13/2003
the notice was provided, the claimant was continuing to receive medical care for her injuries and an exact amount of her claims for medical expenses could not be calculated. Id. at 971. Similarly, in the case at bar, Robinson was alerted immediately after the accident and he assisted Williams. The matter was referred to the county's insurer, and Williams was unaware of the exact nature of her damages when she first provided notice.
. Admittedly, a finding that Williams' substantially complied with the claim notice requirements requires this Court to broaden its leniency of the Act's requirements; however, this expansion to be the next logical step in the direction this Court has been heading since the Reaves decision. Also, it is in line with this Court's precedent, as outlined and discussed above. However, a question remains, to-wit: when and for how long the one-year SOL is tolled when a plaintiff gives a governmental entity notice of a pending claim prior to filing an action based on that claim?
(b) Effect of the Act's Tolling Provisions:
. Clay County submits, assuming arguendo, that Williams' notice was sufficient, the tolling provisions do not save her claim. Naturally, Williams' argument is contrary. The Act, in pertinent part, provides:
(3) All actions brought under the provisions of this chapter shall be commenced within one (1) year next after the date of the tortious, wrongful or otherwise actionable conduct on which the liability phase of the action is based, and not after; provided, however, that the filing of a notice of claim as required by subsection (1) of this section shall serve to toll the statute of limitations for a period of ninety-five (95) days from the date the chief executive officer of the state agency receives the notice of claim, or for one hundred twenty (120) days from the date the chief executive officer or other statutorily designated official of a municipality, county or other political subdivision receives the notice of claim, during which time no action may be maintained by the claimant unless the claimant has received a notice of denial of claim. After the tolling period has expired, the claimant shall then have an additional ninety (90) days to file any action against the governmental entity served with proper claim notice. However, should the governmental entity deny any such claim, then the additional ninety (90) days during which the claimant may file an action shall begin to run upon the claimant's receipt of notice of denial of claim from the governmental entity. Miss. Code Ann. 11-46-11(3) (2001).
. Without waiving its position that notice was insufficient, Clay County's application of the tolling provision to the facts is as follows: Williams' accident occurred on November 1, 1999. Thus, she had one year from that date to file notice, or until November 1, 2000. Williams alleges to have sent the letter to Robinson on November 15, 1999. Adding three days delivery time, Clay County asserts Robinson would have received it on November 18. Thus, unless Williams received notice of a denial of claim, the SOL was tolled for 120 days. Clay County asserts it did not deny the claim during that time period and reminds the Court that it in fact issued a check to pay Williams for the only damages she claimed in her letter/notice: the torn pantsuit. After the tolling period (120 days) expired, Williams had an additional 90 days to file an action. Clay County asserts that after that total time period (210 days), Williams' claim was barred. Under its interpretation, upon giving notice, Williams had a total SOL period of 210 days, which expired on June 15, 2000. Because Williams' complaint was filed on January 31, 2001, Clay Co
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