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Hollingsworth v. City of Laurel2/28/2002
732 So.2d 927, 931-32 (Miss. 1999) (statutes will be construed to have a prospective operation only, unless a contrary intention is manifested by the clearest and most positive expression; they will not be construed to be retroactive unless the words admit of no other construction or meaning, and there is a plain declaration in the act that it is). See also Fortune v. Lee County Bd. of Supervisors, 725 So.2d 747 (Miss. 1998); State ex rel. Moore v. Molpus, 578 So.2d 624 (Miss. 1991).
. This Court, however, has carved out a narrow exception to this rule. In Kilgore v. Barnes, 508 So. 2d 1042 (Miss. 1987), this Court stated that where an amended statute remedially lengthens a statute of limitations, it will apply the amendment to existing causes:
ost other jurisdictions recognize the authority of legislatures to enlarge periods of limitation with respect to existing claims, that is, claims not barred at the time of elongation. This is consistent with our general principle that an act remedial in its character embraces claims existing when the act was passed. Excelsior Mfg. Co. v. Keyser, 62 Miss. 155, 158 (1884). Kilgore, 508 So. 2d at 1045 (citations omitted). See also Fluor Corp. v. Cook, 551 So. 2d 897 (Miss. 1989).
While not completely retroactive, this exception gathers the claims pending at the time of the statute's amendment and not barred by its previous limitation and gives them the benefit of the longer limitations period. To the extent this rule conflicts with our prior holding in Newman v. Foster, 1 So. 505 (Miss. 1887), Newman is overruled.
. This exception applies to the present case. Before Hollingsworth gave notice to the Laurel Police Department, the Legislature extended the period the statute of limitations is tolled after notice is given from ninety-five (95) days to one hundred twenty (120) days. Hollingsworth timely filed suit within this larger period of time. Therefore, the trial court erred when it dismissed his action against the Laurel Police Department and Officer Davis as barred by the prior statute of limitations.
II. DID THE SUIT BEING FILED AGAINST THE LAUREL POLICE DEPARTMENT AND OFFICER DAVIS TOLL THE STATUTE OF LIMITATIONS AND ALLOW FOR JOINDER OF PARTIES AND AMENDMENT TO THE COMPLAINT?
. Before Hollingsworth's case was dismissed, he moved the trial court to allow him to amend the complaint to name the City of Laurel as a defendant. Since we have held Hollingsworth's complaint was timely filed and since the trial judge has not ruled upon the motion to amend the complaint, the motion to amend is not properly before us, and we will not address its merits on this appeal. We refer the trial court to Rule 15 of the Mississippi Rules of Civil Procedure and Mississippi case law on amending complaints for guidance.
CONCLUSION
. We hold the amendment lengthening the statute of limitations for claims brought under the Mississippi Tort Claims Act applies to causes of action accruing before the amendment was enacted which were not barred by the prior statute of limitations. Therefore, the trial court's judgment dismissing this action against the Laurel Police Department and Officer Davis is reversed, and this case is remanded to the trial court for further proceedings consistent with this opinion.
. REVERSED AND REMANDED.
McRAE AND SMITH, P.JJ., WALLER, COBB, DIAZ, CARLSON AND GRAVES, JJ., CONCUR. EASLEY, J., CONCURS IN RESULT ONLY.
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