Jones v. Laurel Family Clinic, P.A.
| Docket Number: | 2008-CA-01490-COA Linked Case(s): 2008-CA-01490-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 01-05-2010 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Medical negligence - Constitutionality of Tort Claims Act - M.R.A.P. 24(d) - Notice - section 11-46-11(1) Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. 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: 08-11-2008 Appealed from: Jones County Circuit Court Judge: Billy Joe Landrum Disposition: COMPLAINT DISMISSED Case Number: 2007-224-CV10 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | BARBARA JONES, NATURAL MOTHER AND
ADULT NEXT FRIEND OF JERAMY JUAN
JONES, A MINOR |
JAMES W. NOBLES |
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| Appellee: | LAUREL FAMILY CLINIC, P.A., DIVISION OF SOUTH CENTRAL REGIONAL MEDICAL CENTER AND SOUTH CENTRAL REGIONAL MEDICAL CENTER | RICHARD O. BURSON, PEELER GRAYSON LACEY | ||
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: | Medical negligence - Constitutionality of Tort Claims Act - M.R.A.P. 24(d) - Notice - section 11-46-11(1) |
| Summary of the Facts: | Barbara Jones, natural mother and adult next friend of minor Jeramy Jones, filed a complaint alleging medical negligence against defendant South Central Regional Medical Center. The court dismissed the complaint, and Jones appeals. |
| Summary of Opinion Analysis: | Jones argues that the Mississippi Tort Claims Act violates the Equal Protection Clause of the Seventh and Fourteenth Amendments to the United States Constitution and the anti-trust, unfair competition, and price fixing provisions of the Sherman Anti-trust Act. Neither of these arguments were presented to the trial court and are thus barred on appeal. Further, M.R.A.P. 24(d) requires that a party asserting the unconstitutionality of a state statute to notify the Attorney General of the State of Mississippi within such time as to afford him an opportunity to intervene and argue the question of constitutionality. Such notice to the Attorney General was not given in this case. It is undisputed that Barbara failed to comply with the ninety-day notice requirement of section 11-46-11(1). This requirement is a hard-edged, mandatory rule which is strictly enforced. Barbara was obligated to wait the full ninety days before filing her complaint against the Hospital. Because she failed to do so, her complaint was properly dismissed by the circuit court. |
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