Ray v. Keith, et al.
| Docket Number: | 2002-CA-00321-SCT Linked Case(s): 2002-CA-00321-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 09-11-2003 Opinion Author: Carlson, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Tort Claims Act - Statute of limitations - Equitable estoppel Judge(s) Concurring: Pittman, C.J., Smith, P.J., Cobb and Easley, JJ. Non Participating Judge(s): Waller and Diaz, JJ. Dissenting Author : Graves, J. Dissent Joined By : McRae, P.J. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 02-01-2002 Appealed from: Lee County Circuit Court Judge: Thomas J. Gardner Disposition: Granted summary judgment for failure to follow the procedural requirements of the MTCA and expiration of the statute of limiations. Case Number: 01-035(G)L |
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| Party Name: | Attorney Name: | |||
| Appellant: | Charlene Ray |
T. JACKSON LYONS
PATRICK S. WOOTEN |
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| Appellee: | Ray A. Keith, Lee County, Mississippi, by and through Lee County Board of Supervisors | WILLIAM C. MURPHREE GARY L. CARNATHAN |
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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: | Personal injury - Tort Claims Act - Statute of limitations - Equitable estoppel |
| Summary of the Facts: | After being involved in an accident with Ray Keith whose place of employment was listed as "Lee County Fire Cord." on the accident report, Charlene Ray filed suit against Keith. Ray later filed a new complaint adding Lee County as a party to the lawsuit. Lee County and Keith filed a motion for summary judgment which the court granted. Ray appeals. |
| Summary of Opinion Analysis: | Ray argues that the Tort Claims Act one-year statute of limitations period is tolled when the plaintiff is unaware that the defendant is an employee as defined under the MTCA acting within the course and scope of his employment at the time of the accident. Keith is an "employee" as defined by section 11-46-1(f) of the Tort Claims Act. He failed to reveal to Ray that he was acting within the course and scope of his employment at the time of the accident. Inequitable or fraudulent conduct must be established to apply the doctrine of equitable estoppel to a statute of limitations. Ray has failed to establish that Lee County withheld any information regarding Keith's employment nor has she shown that Lee County has provided her with misleading or inaccurate information. In addition, Ray did not exercise due diligence in determining the true parties of the lawsuit or in determining Keith's employment. Although the accident report showed that Keith was employed by Lee County, Ray failed to properly consider Lee County as a party in interest to her lawsuit. |
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