Southern v. Miss. State Hospital, et al.
| Docket Number: | 2002-CP-01298-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 09-11-2003 Opinion Author: Easley, J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Tort Claims Act - Statute of limitations - Section 11-46-11 Judge(s) Concurring: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Carlson and Graves, JJ. Non Participating Judge(s): Diaz, J. Procedural History: Dismissal Nature of the Case: CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE |
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| Trial Court: |
Date of Trial Judgment: 08-02-2002 Appealed from: Rankin County Circuit Court Judge: William E. Chapman, III Disposition: The trial court entered its order granting the Hospital's motion to dismiss. Case Number: 2002-175 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Willie B. Southern, Jr. |
PRO SE |
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| Appellee: | Mississippi State Hospital, Paul Jackson, M.D. and Martha Murray, M.D. | THOMAS T. DUNBAR WILLIAM C. GRIFFIN L. ABRAHAM ROWE, JR. |
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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: | Tort Claims Act - Statute of limitations - Section 11-46-11 |
| Summary of the Facts: | Willie Southern, Jr. was committed to the Mississippi State Hospital. He filed suit against the Mississippi State Hospital at Whitfield and its staff physicians, Dr. Paul Jackson and Dr. Martha Murray. The defendants filed a joint motion to dismiss which the court granted. Southern appeals. |
| Summary of Opinion Analysis: | Southern raises constitutional arguments for the first time on appeal. Issues not raised at trial cannot be raised on appeal. The only issue necessary for consideration is whether the court erred in dismissing Southern's complaint for failure to comply with the statute of limitation. Southern attempted to make a claim of medical malpractice, defamation, intentional infliction of emotional distress, mental anguish, loss of business and loss of enjoyment of life. Section 11-46-11 of the Tort Claims Act provides that all actions must be commenced within one year after the date of the tortious, wrongful or otherwise actionable conduct. Southern waited until approximately two and a half years to file suit, well in excess of the one year statute of limitations. |
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