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Williams v. Clay County11/13/2003
obinson to Williams' attorney. Williams also alleges that an agent of the County made light of her injury when she informed it of the extent of her injuries. Williams argues that these two events create an estoppel, barring Clay County from asserting that the SOL has expired.
. Clay County asserts that " here is simply no record that there was any representation by defendant prior to the running of the period of limitations on which plaintiff ostensibly relied in any way to fail to file suit." This assertion overlooks the fact that Robinson told Williams in March 2000 that the County would pay all valid medical claims. He admitted as much in his February 16, 2001, letter to Waide. It is reasonable to assume that once Williams had been assured that Clay County would pay all her medical bills, there was no reason for her to communicate further with the County until her complete medical damages were known.
. Clay County points out that Williams has not presented any medical bills. However, Williams has alleged that she required surgery to repair her injuries. This allegation must be taken as true. She has also alleged that Supervisors Dean and Meyers told her that the Board of Supervisors was going to have a meeting to decide whether to pay her medical bills. Williams was justified in relying on this representation.
. Clay County's actions, at least through Robinson, indicated a desire to enter into settlement negotiations. Though alone insufficient to toll the SOL, Clay County's settlement attempts may have created an estoppel.
. In Ferrer v. Jackson County Bd. of Sup'rs, 741 So.2d 216, 218 -19 (Miss. 1999), this Court held that held that the county board of supervisor's payment of an injured driver's property damage claim and its settlement offer for the driver's personal injury claim estopped the board from the raising the issue of notice requirement. The Court found that the "prolonged, continuous and extensive" communication between the plaintiff and the Board, including settlement offers made by the Board, substantially complied with the notice requirement and constituted waiver of notice and estoppel." Id. at 218 -19.
. In the instant case, Clay County sought to settle this claim weeks after it occurred by paying Williams' property damage claim with a check entitled "full and final settlement." Later, it promised to pay her personal injury claim. Thus, based on Ferrer, Clay County's actions may, have created an estoppel with regard to its ability to assert lack of claim notice.
. In Miss. Dep't of Public Safety v. Stringer, 748 So.2d 662 (Miss. 1999), this Court declined to find an estoppel that would prevent the State from asserting a statute of limitations defense to a personal injury claim arising out of a car accident because the State had diligently worked with the claimant to resolve his claim, there was no allegation or evidence that the State misled him into believing that he need not comply with the SOL, and there was never any representation by the State that the SOL was tolled. Id. at 667.
. Stringer cited with approval the holding of New Mexico's highest court in Molinar v. City of Carlsbad, 105 N.M. 628, 735 P.2d 1134, 1137 (1987), where that court found that " t is clear that offers or promises of settlement, in connection with other conduct of defendants upon which plaintiffs have reasonably relied , may have the effect of tolling the statute of limitations." Id. at 1137 (emphasis added).
. Stringer noted the previous holding in Carr, that "while inequitable or fraudulent conduct does not have to be established to estop an assertion of an inadequate notice of claim defense, inequitable
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