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Patrick v. Shields10/18/2005
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
DISPOSITION: AFFIRMED - 10/18/2005
BEFORE BRIDGES, P.J., MYERS AND CHANDLER, JJ.
. On November 12, 2001, Evelyn Patrick (Patrick) was injured when Clayton Shields (Shields), an employee of the Iuka Fire Department, backed the fire truck into Patrick's car. The Mississippi Municipal Services, Co. (MMSC) paid Patrick for damages to her vehicle, but took no immediate action on Patrick's personal injuries. Some negotiations followed between Patrick and MMSC, but no settlement was reached. On November 10, 2003, Patrick filed her notice of claim with Benny Gray, the Iuka City Clerk, and also filed her complaint in the Circuit Court of Tishomingo County against Shields, the City of Iuka, the Iuka Fire Department and MMSC. On December 10, 2003, the defendants filed a motion to dismiss stating that the statute of limitations under the Mississippi Tort Claims Act (MTCA) had long since run and that the notice of claim requirements were not complied with. The circuit court granted the motion to dismiss and entered a final judgment dismissing Patrick's action with prejudice on July 28, 2004.
. Aggrieved by the judgment of the circuit court, Patrick now appeals, raising the following four issues:
I. WHETHER THE DEFENDANTS ARE EQUITABLY ESTOPPED FROM ASSERTING THE ONE-YEAR STATUTE OF LIMITATIONS IN THE MISSISSIPPI TORT CLAIMS ACT BASED ON THE CONDUCT OF THE MISSISSIPPI MUNICIPAL SERVICES COMPANY, INC.
II. WHETHER THE PLAINTIFF HAS SUBSTANTIALLY COMPLIED WITH THE "NOTICE OF CLAIM" REQUIREMENT IN THE MISSISSIPPI TORT CLAIMS ACT
III. WHETHER THE TRIAL COURT SUMMARILY DISMISSED THE PLAINTIFF'S COMPLAINT WHEN THERE ARE DISPUTED ISSUES OF MATERIAL FACT TO BE DETERMINED AT TRIAL
IV. WHETHER THE PLAINTIFF IS ABLE TO BRING AN ACTION DIRECTLY AGAINST DEFENDANT MMSC FOR ITS TORTIOUS CONDUCT
. Finding no reversible error, we affirm the judgment of the circuit court.
FACTS
. The allegations are that on November 12, 2001, Patrick was driving her automobile south on Pearl Street in Iuka, Mississippi when she came to a stop behind a fire truck driven by Clayton Shields, an employee of the Iuka Fire Department. Shields began backing up which resulted in the fire truck colliding with Patrick's automobile, damaging the car and injuring Patrick's shoulder.
. MMSC paid Patrick for damage to her automobile, but after correspondence between MMSC and Patrick's attorney, MMSC made no offer to pay Patrick's medical expenses. On November 10, 2003, Patrick filed her complaint in the Circuit Court of Tishomingo County and filed her notice of claim with the City Clerk in Iuka. Defendants responded by filing a motion to dismiss on December 9, 2003. After a hearing on July 15, 2004, the circuit court entered a final judgment dated July 28, 2004, dismissing Patrick's complaint with prejudice.
LEGAL ANALYSIS
I. WHETHER THE DEFENDANTS ARE EQUITABLY ESTOPPED FROM ASSERTING THE ONE-YEAR STATUTE OF LIMITATIONS IN THE MISSISSIPPI TORT CLAIMS ACT BASED ON THE CONDUCT OF THE MISSISSIPPI MUNICIPAL SERVICES COMPANY, INC.
. Patrick argues that the defendants (hereinafter "MMSC") should be equitably estopped from asserting the statute of limitations of the Mississippi Tort Claims Act as a defense. Patrick also argues that MMSC's conduct was inequitable at best, and that her delay in filing a complaint was induced by the action of MMSC.
. MMSC argues that the facts do not support any claim of inequitable or fraudulent conduct. MMSC also argues that they did not mislead or cause Patrick to believe that
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