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Robertson v. Moody5/17/2005
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
DISPOSITION: AFFIRMED: 05/17/2005
BEFORE BRIDGES, P.J., IRVING AND MYERS, JJ.
. Woodard E. Moody, Jr. hired Cheryl Kay Robertson to do some wallpapering for him. While wallpapering, Robertson fell off a ladder which Moody had provided for her to use during the wallpapering job . Thereafter, she filed a negligence action against Moody, alleging that she suffered injuries as a result of his failure to provide her with a safe working area and equipment to do the wallpapering job. Moody filed an answer and a motion to dismiss which was converted into a motion for summary judgment. In both his answer and motion to dismiss, Moody pleaded the statute of limitations as a bar to Robertson's suit.
. The circuit court granted summary judgment on Moody's behalf, and Robertson now appeals, alleging that the grant of summary judgment was improper for two reasons. First, Moody failed to raise the statute of limitations as an affirmative defense as required by Rules 8 and 12 of the Mississippi Rules of Civil Procedure. Second, Moody was equitably estopped from raising the statute of limitations because of the actions of his agent, State Farm Insurance Company, in misleading Robertson not to file suit.
. We find no error in the decision of the circuit court; therefore, we affirm.
FACTS
. On August 31, 1999, while Robertson was doing some wallpapering for Moody, she slipped and fell off a ladder provided to her by Moody. At the time of the accident, Moody had an insurance policy with State Farm Insurance Company. State Farm was promptly notified of Robertson's claim. In an October 17, 1999 correspondence to Robertson, State Farm notified her that it found no negligence on the part of its insured, Moody, but that it would pay $1,000 in medical coverage regardless of negligence.
. Following the October 17 letter, a series of letters were sent between Robertson's attorney and State Farm. On February 4, 2000, State Farm contacted Robertson's attorney in regard to obtaining medical information. On January 4, 2001, State Farm again contacted Robertson's attorney. This time it sought a statement of facts from Robertson and all medical documents relating to Robertson's injuries. On April 17, 2001, Robertson's attorney provided State Farm with Robertson's statement and informed State Farm that all medical claims and bills had been provided. On April 19, 2001, State Farm confirmed receipt of Robertson's statement but denied receipt of any medical records or bills. On October 26, 2001, Robertson's attorney again forwarded medical bills and medical records to State Farm.
. On January 16, 2002, State Farm paid Robertson $1,000 but stated that it was still evaluating the liability of the claim and requested a recorded statement from Robertson. On January 23, 2002, Robertson's attorney notified State Farm that Robertson agreed to make a recorded statement, and on January 31, 2002, State Farm took a recorded statement from Robertson. On June 13, 2002, State Farm notified Robertson's attorney that they were still in the process of completing their evaluation of liability.
. On August 27, 2002, Robertson's attorney contacted State Farm regarding the determination of liability. State Farm's response was dated August 29, 2002, and was received by Robertson's attorney on August 31, 2002. In its August 29, 2002 letter, State Farm informed Robertson's attorney that it did not find any liability on the part of its insured. Robertson filed her complaint against Moody on October 30, 2002.
STANDARD OF REVIEW
. The law is well settled with regar
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