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Williams v. Clay County11/13/2003
he Court of Appeals has interpreted the Act to require that all notice of claims be received at the same time: "Diffused, even somewhat confused notice staggered over months of contacts does not provide the certain notice required under the statute." Soileau v. Miss. Coast Coliseum Comm'n, 730 So. 2d 101, 104 (Miss. Ct. App. 1998). The Soileau court also held that " compliance with the obligation to deliver or send by registered mail the notice of claim is not shown by proof that the chief executive officer learned of the claim through other means." Id. at 105. See also Holmes v. Defer, 722 So. 2d 624, 628 (Miss. 1998) (requiring strict compliance and holding that actual knowledge is irrelevant).
. However, Soileau and Holmes were decided while we required strict compliance with the statute. Their precedential effect on this issue is limited as their analysis was based on a strict interpretation of the Act.
. In a case similar to the case sub judice, the Court of Appeals found substantial compliance with the notice requirements of the Act where a governmental official knew of the claim and the claimant had been dealing directly with the liability insurance carrier. In Overstreet v. George County School Dist., 741 So.2d 965 (Miss. Ct. App. 1999), Overstreet was injured when she was struck by a school bus on September 27, 1995. She dealt directly with the school district's insurance company concerning her property damage claim. Id. at 966. She also retained an attorney for assistance with her personal injury claims. On January 4, 1996, her attorney sent notice via U. S. Mail to Shows, the superintendent of the school district. A complaint was filed on June 6, 1996. On July 2, 1997, The school district filed a motion to dismiss based on Overstreet's failure to comply strictly with the notice requirements of the Act. Shows claimed that he never received or saw the January 4 notice prior to July, 1997. In deposition testimony, Shows stated that he received notice of Overstreet's accident the day it occurred and also knew that Overstreet was making a property and personal injury claim which would be handled by the school district's insurance company. Id. The circuit court concluded that Overstreet did not comply with the Act's notice requirements because the notice was not delivered in person or by certified mail and the letter did not contain all of the information required by the Act. Id. at 967.
. In applying the substantial compliance requirement of the Act, the Court of Appeals found that even though Shows had not seen the notice of claim letter, he had knowledge of Overstreet's claims. Id. at 970. "Shows knew that Overstreet had made a property damage claim for the damages to her vehicle and was aware that there was a question as to her personal injury claims." Id.
. In the present case, Robinson, the chancery clerk, knew immediately of Williams's accident; he helped her clean her wounds. He also knew of her medical claims on March 16, 2000, which he referenced in his letter to Williams's attorney. As in Overstreet, notice was properly given applying the substantial compliance requirement.
(b) Effects of the Tolling Provisions:
. Clay County argues that even if notice was sufficient, she is still barred by the statute of limitations. 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 serv
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