Stockstill, et al. v. Miss. Dep't Envtl. Quality, et al.
| Docket Number: | 2002-CA-01047-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 09-18-2003 Opinion Author: Carlson, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Wrongful death - Tort Claims Act - Statute of limitations - Section 11-46-11(3) - Section 15-1-1 - Constitutionality of statute Judge(s) Concurring: Pittman, C.J., Smith, P.J., Waller, Cobb and Easley, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : Graves, J. Dissenting Author : McRae, P.J. Procedural History: Dismissal Nature of the Case: CIVIL - WRONGFUL DEATH |
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| Trial Court: |
Date of Trial Judgment: 06-18-2002 Appealed from: Pearl River County Circuit Court Judge: Michael R. Eubanks Disposition: Dismissed the complaint as barred by the statute of limitations. Case Number: 2001-0405 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Gaye Nell Stockstill and James Ray Blanchard, Sr. |
JAMES KENNETH WETZEL |
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| Appellee: | State of Mississippi, The Mississippi Department of Environmental Quality, The Mississippi Department of Wildlife, Fisheries and Parks and The Pearl River Basin Development District | ROGER GOOGE |
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| Topic: | Wrongful death - Tort Claims Act - Statute of limitations - Section 11-46-11(3) - Section 15-1-1 - Constitutionality of statute |
| Summary of the Facts: | Gaye Stockstill and James Blanchard, Sr. filed an action in the United States District Court for the Southern District of Mississippi against the U.S. Army Corps of Engineers, the State, and several agencies of the State, alleging damages arising out of their son's drowning. The State and its agencies filed a motion to dismiss based upon their right under the Eleventh Amendment to the U.S. Constitution not to be sued in federal court. The motion was granted, and the suit was dismissed without prejudice. Stockstill and Blanchard filed a civil action in the Circuit Court of Pearl River County. The State and its agencies filed a motion to dismiss. The court dismissed the suit finding the applicable one-year statute of limitations had expired. Stockstill and Blanchard appeal. |
| Summary of Opinion Analysis: | Issue 1: Statute of limitations Stockstill and Blanchard argue that the savings clause in section 15-1-69 applies to the Tort Claims Act, thus tolling the one year statute of limitations found in section 11-46-11. Section 11-46-11(3) specifically provides that the limitations period provided herein shall control and shall be exclusive in all actions subject to and brought under the provisions of this chapter. Section 15-1-1 provides that the provisions of this chapter shall not apply to any suit which is or shall be limited by any statute to be brought within a shorter time than is prescribed in this chapter. Because the Tort Claims Act has a one-year statute of limitation which is significantly shorter than the catch all three-year statute of limitation, section 11-46-11 is controlling. Issue 2: Constitutionality of statute Stockstill and Blanchard argue for the first time on appeal that the Tort Claims act violates the equal protection clause of the fourteenth amendment of the United States Constitution and discriminates against individuals in Mississippi. Errors raised for the first time on appeal will not be considered, especially constitutional questions. |
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