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Williams v. Clay County11/13/2003
nt of the facts upon which the claim is based, including the circumstances which brought about the injury, the extent of the injury, the time and place the injury occurred, the names of all persons known to be involved, the amount of money damages sought and the residence of the person making the claim at the time of the injury and at the time of filing the notice.
Miss. Code Ann. 11-46-11(2) (Rev. 2002).
. We required strict compliance with the Act's notice requirements until we issued our opinion in Reaves ex rel. Rouse v. Randall, 729 So. 2d 1237 (Miss. 1998), where we held that substantial compliance was all that was needed in order to satisfy the Act's notice requirement. Later, in Carr v. Town of Shubuta, 733 So.2d 261 (Miss. 1999), we provided this standard for substantial compliance:
What constitutes substantial compliance, while not a question of fact but one of law, is a fact-sensitive determination. In general, a notice that is filed within the [requisite] period, informs the municipality of the claimant's intent to make a claim and contains sufficient information which reasonable affords the municipality an opportunity to promptly investigate the claim satisfies the purpose of the statute and will be held to substantially comply with it.
Id. at 263 (emphasis added) (quoting Collier v. Prater, 544 N.E.2d 497, 498-99 (Ind. 1989)). Even though substantial compliance is sufficient, "we stress that substantial compliance is not the same as, nor a substitute for, non compliance." Carr, 733 So.2d at 265.
. Williams fell on November 1, 1999. Soon after, she wrote to Chancery Clerk Robinson as follows:
As you may remember, on November 1, 1999, while leaving the courthouse building on Court Street, I stepped in a hole at the building's exit. Losing my balance, I fell down several flight of steps. I appreciate the assistance you gave in attempting to help relieve my injuries. The pants to the suit that I was wearing was also badly torn. At that time you told me that the county would pay for the damage done to my clothes. Since then I have looked for another pair of pants that would match the suit jacket. The search, however, has been to no avail. I have been told that the tear is irreparable.
I am, therefore, writing to let you know that I purchased the suit from Parisians in Alabama and paid $349.00 plus the 8% Alabama state tax ($27.92) for it. I would appreciate your assistance in helping to resolve this matter as soon as possible. You may reach me at the above address of by phone at. . . . I await your reply.
. This letter by itself does not substantially comply with the notice of claim requirements of Miss. Code Ann. 11-46-11. However, on March 16, 2000, Williams spoke with two county supervisors and also spoke with Robinson. During these conversations she informed both the supervisors and Robinson of her injuries. Robinson acknowledged the conversation with Williams in a letter written to Williams's attorney:
As we discussed last evening the county has always been willing to pay any and all valid medical claims for the above referenced person. I told her as much in a March 16, 2000 phone conversation when she called me at the courthouse. Steve McKinney of Galloway, Chandler & McKinney Insurance was put on notice by me on that date, but to this date there has been no follow up by Ms. Williams or any medical bills presented.
. We find that the written notice, along with conversations with the Board members and the Chancery Clerk, was sufficient to put Clay County on notice of the injury since it assumes the recipient, the chancery clerk, had knowledge of the incident. T
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