Pounds v. Miss. Dep't of Health
| Docket Number: | 2004-CA-01864-COA Linked Case(s): 2004-CA-01864-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-20-2006 Opinion Author: CHANDLER, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Wrongful death - Tort Claims Act - Statute of limitations - M.R.C.P. 6 - Section 11-46-11(3) Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., SOUTHWICK, IRVING, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - WRONGFUL DEATH |
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| Trial Court: |
Date of Trial Judgment: 07-30-2004 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: SUMMARY JUDGMENT GRANTED TO DEFENDANTS; COMPLAINT DISMISSED AS UNTIMELY FILED Case Number: 251-01-000078CIV |
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| Party Name: | Attorney Name: | |||
| Appellant: | LATONJA POUNDS, INDIVIDUALLY, AND ON
BEHALF OF ALL WHO ARE ENTITLED TO
RECOVER UNDER THE WRONGFUL DEATH AND
SURVIVAL STATUTE FOR THE DEATH OF
JALEEN VASHAWN LENARD, DECEASED |
ANITA M. STAMPS |
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| Appellee: | MISSISSIPPI DEPARTMENT OF HEALTH D/B/A PIKE COUNTY HEALTH CLINIC | SENITH C. TIPTON |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Wrongful death - Tort Claims Act - Statute of limitations - M.R.C.P. 6 - Section 11-46-11(3) |
| Summary of the Facts: | LaTonja Pounds filed a medical malpractice suit against the Mississippi Department of Health d/b/a Pike County Health Clinic alleging negligence in providing prenatal care. Pounds also filed a wrongful death claim on behalf of the wrongful death beneficiaries of Jaleen Lenard, Pounds’ prematurely born infant. MDH filed a motion for summary judgment which the court granted. Pounds appeals. |
| Summary of Opinion Analysis: | Pounds argues that her action was timely filed because a wrongful death cause of action does not accrue until the date of death, not the date of the alleged negligence. MDH argues that Pounds’ action does not begin on the date of her son’s death because Pounds’ individual action was based on alleged negligence by the MDH facility. Therefore, the action should have accrued on August 6, 1999, the last day Pounds was treated by the MDH facility. In medical malpractice and wrongful death actions filed under the Tort Claims Act, the one-year statute of limitations begins to run from the date of the tortious, wrongful or otherwise actionable conduct on which the liability phase of the action is based. Pounds filed a wrongful death action and a medical malpractice action based on alleged improper prenatal care. These acts occurred no later than August 6, 1999, the last date that Pounds went to Pike County Health Clinic for prenatal care. The statute of limitations on Pounds action expired no later than August 6, 2000. Because MDH did not receive Pounds’ notice of claim until October 24, 2000, the claim was time barred. Even if the statute of limitations began to run on the date of death, the action would still be barred by the statute of limitations. The infant died on October 22, 1999. Under M.R.C.P. 6, the day that the act begins to run shall not be included when computing the statute of limitations. Therefore, October 23, 2000, would have been the last day to file a claim. MDH did not receive the notice of claim until October 24, 2000. Section 11-46-11(3) states that for purposes of determining the running of limitations periods under this chapter, service of any notice of claim or notice of denial of claim shall be effective upon delivery. |
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