Univ. of Miss. Med. Ctr. V. Robinson


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Docket Number: 2003-IA-00152-SCT
Supreme Court: Opinion Link
Opinion Date: 07-01-2004
Opinion Author: Randolph, J.
Holding: Reversed and Rendered
Additional Case Information: Topic: Medical malpractice - Tort Claims Act - Statute of limitations - Minor savings clause - Section 11-46-11(4) - Constitutionality of amendment
Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ.
Non Participating Judge(s): Diaz, J.
Dissenting Author : Easley and Graves, JJ.
Procedural History: Bench Trial
Nature of the Case: CIVIL - MEDICAL MALPRACTICE
Trial Court: Date of Trial Judgment: 01-08-2003
Appealed from: Hinds County Circuit Court
Judge: Tomie Green
Disposition: The trial court denied UMC's motion for summary judgment.
Case Number: 251-02-43CIV
  Party Name: Attorney Name:  
Appellant: University of Mississippi Medical Center




 WHITMAN B. JOHNSON, III MARJORIE SELBY BUSCHING



  
Appellee: Debra Jenkins Robinson ANTWAYN LAVELL PATRICK HIAWATHA NORTHINGTON KATRINA M. BIBB GIBBS  
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Topic: Medical malpractice - Tort Claims Act - Statute of limitations - Minor savings clause - Section 11-46-11(4) - Constitutionality of amendment
Summary of the Facts: After her son received burns while in the hospital, Debra Robinson filed an action against the University of Mississippi Medical Center. The Tort Claims Act has a one-year statute of limitations. Counsel for Robinson requested medical records from UMC in January of 1996 and again in both April and May of 1996. Nevertheless, no suit was filed until January of 2002. At that point the one-year statute of limitations had clearly run, and the claim was barred. However, in March of 2002, the Legislature amended section 11-46-11(4) which Robinson claims cleared any confusion regarding the applicability of the minors savings clause. UMC contends that the 2002 amendment to section 11-46-11 is unconstitutional. The court denied UMC's motion for summary judgment, and the Supreme Court granted an interlocutory appeal.
Summary of Opinion Analysis: In April of 2000, subsection (4) was added to section 11-46-11. It provides that if any person entitled to bring any action under this chapter shall, at the time at which the cause of action accrued, be under the disability of infancy or unsoundness of mind, he may bring the action within the time allowed in this section after his disability shall be removed as provided by law. The practical result of this amendment is that as of May 15, 2000, any injured party under disability of infancy or unsoundness of mind whose remedy is not yet barred by the statute of limitations may avail themselves of the savings clause. The amendment did not include any retroactive language nor did the language indicate that the Legislature sought to revive any barred claims. In 2002, the Legislature again amended section 11-46-11 by changing the effective date of subsection (4) to from and after April 1, 1993. Article 4, § 97 of the Mississippi Constitution provides that the legislature shall have no power to revive any remedy which may have become barred by lapse of time, or by any statute of limitations. By the time the Legislature first amended section 11-46-11 to include a minor savings clause, Robinson’s claim was barred, and thus could not be revived. The Legislature’s second attempt to amend section 11-46-11(4) is specifically prohibited by § 97. The March 2002 amendment is unconstitutional to the extent that it makes the savings clause applicable to all claims since April 1, 1993. However, the savings clause as first enacted in April of 2000 is valid and enforceable. Those claims in existence on May 15, 2000, are subject to the savings clause.


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