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[W] Roberts v. New Albany Separate School District9/13/2001
uations similar to the present predicament are not likely to come before a court often.
. The MTCA was enacted to allow citizens to exercise claims against state entities given the proper circumstances. In essence, the MTCA opened the courthouse doors to a cause of action citizens were previously unable to pursue, and the March 25, 1999, amendments enabled plaintiffs greater opportunity to follow through with their claims. We should refuse now to shut those doors for minor deficiencies. The spirit of the MTCA dictates that Roberts's claim be heard on the merits even if subject to the guise of the pre-amended ยง 11-46-11(3). That said, the March 25, 1999, amendment is applicable to Roberts's claim. As such, the complaint was timely filed, and the case should be allowed to proceed. Therefore, I dissent believing that the order of the Union County Circuit Court should be reversed and the case remanded for further proceedings.
BANKS AND McRAE, P.JJ., AND WALLER, J., JOIN THIS OPINION.
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