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Patrick v. Shields10/18/2005
o fraudulent or inequitable behavior is present. Stringer, 748 So.2d at 665 ( ).
. The accident happened on November 12, 2001, but the complaint was not filed until November 10, 2003, well beyond the one-year statute of limitations, as set forth in Mississippi Code Annotated § 11-46-11. The only thing that prevented the timely filing of the complaint was Patrick's misplaced assumption that MMSC's non-specific statements about possible settlement meant that Patrick need not comply with the MTCA. Although there was ongoing settlement negotiations between the parties there was never a representation by MMSC that the statute of limitations was tolled. "Though statutes of limitation may sometimes have harsh effects, it is not the responsibility of the State, nor any other potential defendant, to inform adverse claimants that they must comply with the law. Id. at 667 ( ).
. Since there is no evidence that MMSC misled Patrick, they are not estopped from relying on this defense. There is also no evidence of an intentional delay which would toll the statute. Patrick's injury occurred on November 12, 2001, and she did not file her claim until November 10, 2003, almost two years after her injury. Therefore, Patrick did not comply with the statute of limitations set forth in Mississippi Code. Annotated § 11-46-11. Patrick filed her complaint after the statute of limitations had expired. After addressing the first issue and finding no fraud or inequitable conduct on the part of MMSC, the other three issues become moot. Therefore, we find no need to address the last three issues.
. THE JUDGMENT OF THE CIRCUIT COURT OF TISHOMINGO COUNTY IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLANT.
KING, C.J., BRIDGES AND LEE, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES AND ISHEE, JJ. CONCUR.
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