Arceo, et al. v. Tolliver, et al.
| Docket Number: | 2005-IA-00652-SCT Linked Case(s): 2005-IA-00652-SCT ; 2005-IA-00652-SCT ; 2005-IA-00652-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 11-16-2006 Opinion Author: CARLSON, J. Holding: REVERSED AND RENDERED |
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| Additional Case Information: |
Topic: Medical malpractice/negligence - Written notice - Section 15-1-36(15) Judge(s) Concurring: SMITH, C.J., WALLER AND COBB. P.JJ., DICKINSON, EASLEY, AND RANDOLPH, JJ. Dissenting Author : GRAVES, J. Dissent Joined By : DIAZ, J. Procedural History: Dismissal Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 03-03-2005 Appealed from: Hinds County Circuit Court Judge: Bobby DeLaughter Disposition: Denied Appellant's Motion to Dismiss Case Number: 251-04-518 CIV |
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| Note: | On Motion for Rehearing - Original opinion withdrawn and this opinion substituted therefor | |
| Party Name: | Attorney Name: | |||
| Appellant: | SALVADOR ARCEO, M.D. AND ST. DOMINIC - JACKSON MEMORIAL HOSPITAL |
PAUL E. BARNES, GEORGE QUINN EVANS, KATHRYN RUSSELL GILCHRIST, EDMUND L. BRUNINI |
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| Appellee: | MYRTIS TOLLIVER, AS ADMINISTRATRIX OF THE ESTATE OF TOMMIE C. TOLLIVER, DECEASED, INDIVIDUALLY, AND ON BEHALF OF THE WRONGFUL DEATH BENEFICIARIES OF TOMMIE C. TOLLIVER, DECEASED | W. ERIC STRACENER, E. VINCENT DAVIS, DEBORAH McDONALD |
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| Topic: | Medical malpractice/negligence - Written notice - Section 15-1-36(15) |
| Summary of the Facts: | The motion for rehearing is denied, and these opinions are substituted for the original opinions. After her daughter died, Myrtis Tolliver filed a complaint for medical malpractice and negligence against Dr. Salvador Arceo and John and Jane Doe defendants. On June 25, 2004, the plaintiff filed a first amended complaint; and, on July 23, 2004, the plaintiff filed a second amended complaint. Prior to the filing of these complaints, the plaintiff failed to submit the notice required by section 15-1-36(15). Dr. Arceo filed a motion to dismiss, or in the alternative, for summary judgment, which the court denied. The Supreme Court granted an interlocutory appeal. |
| Summary of Opinion Analysis: | Under section 15-1-36(1), a plaintiff has two years from the date of the alleged negligent act in which to commence a lawsuit against medical providers. Also, section 15-1-36(15) provides that no action based upon the health care provider's professional negligence may be begun unless the defendant has been given at least sixty days' prior written notice of the intention to begin the action. In today’s case, the plaintiff wholly failed to provide any written notice to any medical provider concerning her intention to commence suit. Therefore, the trial court erred in failing to grant the defendants’ motion to dismiss, or in the alternative, for summary judgment. |
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