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Williams v. Clay County11/13/2003
olling period.
. Appellant, Shirley Williams (Williams), sued Clay County for injuries she sustained after falling down stairs at its courthouse. The trial court, finding that Williams failed to give proper notice within the statutory time period, dismissed the complaint as time barred by the statute of limitations (SOL). Williams alleges that she substantially complied with the notice requirements of the Mississippi Tort Claims Act; that she suffered a latent injury which tolled the SOL until the injury was discovered; and that Clay County should now be estopped from breaking its promise to pay her medical expenses. She argues that these allegations, taken as true, state a cause of action; thus, preliminary dismissal was improper. We agree with Williams and reverse and remand.
. On the afternoon of November 1, 1999, as Williams was leaving the Clay County courthouse, the heel of her shoe got caught in a hole in the concrete by the door of the exit. She fell down the stairs, tearing her pantsuit and injuring her leg. At Williams' request, Chancery Clerk Ronnie Robinson (Robinson) was summoned. Robinson helped Williams attend to her injury . According to Williams, she asked Robinson if she should see a doctor, to which he responded, "Well, you know a fall sometimes just makes you sore and stiff for a couple of weeks." Williams went home and did not immediately see a doctor.
. A few weeks later, around the middle of November 1999, Williams sent a letter to Robinson, reminding him of her fall and requesting reimbursement for the cost of her torn pantsuit. Robinson forthwith sent Williams a check. However, Williams did not cash the check because it contained the phrase "final settlement." Williams alleges that the check expressly stated that cashing the instrument would relieve Clay County from further liability. Because as she puts it, " he amount of the check was nowhere near the amount of her injuries," Williams threw the instrument away. No further action was taken by either party at this time.
. Williams' injury did not improve and in early 2000 she began seeing a doctor. In March 2000, Williams set up an appointment with Robinson and the Supervisors of Clay County. By this time she had realized that her injury was more serious than she initially thought and would possibly require surgery or other action. On March 16, 2000, the day of the meeting, Williams was informed that she would not be able to meet with the entire Board of Supervisors. Instead, Shelton Dean, President of the Board, and Supervisor Darrel Myers met with her. They told Williams they did not know she had been hurt. She told them about her injury and that her doctor told her she would probably have to see a specialist. According to Williams, in response to her explanation of her injury and her request to see an orthopedic surgeon, someone at the meeting told her, sarcastically, "Well, no, I think you need to see an eye doctor."
. Later that same day, Williams phoned Robinson. He told her that the county has always been willing to pay any and all valid medical claims she had. He further told her that he put his insurance company on notice that they might be subject to medical claims by Williams. Robinson confirmed the substance of this telephone conversation in a February 13, 2001, letter to Williams' attorney, Jim Waide (Waide).
. Eventually, Williams did have extensive surgery on her knee to repair the damage caused by the fall. On January 31, 2001, she filed her complaint in the Clay County Circuit Court alleging negligence, inter alia, for allowing the hole to exist at the top of the courthouse stairs. She sought damages for lost income, medical bills, pain and suffe
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