Arthur v. Tunica County


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Docket Number: 2009-CP-00950-COA

Court of Appeals: Opinion Link
Opinion Date: 03-30-2010
Opinion Author: Irving, J.
Holding: Affirmed

Additional Case Information: Topic: Personal injury - Tort Claims Act - Section 11-46-11 - Notice of claim
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ.
Non Participating Judge(s): Carlton, J.
Procedural History: Dismissal
Nature of the Case: CIVIL - PERSONAL INJURY

Trial Court: Date of Trial Judgment: 05-04-2009
Appealed from: TUNICA COUNTY CIRCUIT COURT
Judge: Al Smith
Disposition: MOTION TO DISMISS GRANTED
Case Number: 2008-0335

Note: Due to a military leave of absence, Hon. Virginia C. Carlton did not participate in this hand down.

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Marvin Arthur




PRO SE



 
  • Appellant #1 Brief
  • Appellant #1 Reply Brief

  • Appellee: Tunica County, Mississippi and Tunica County Sheriff's Department DANIEL JUDSON GRIFFITH, ANDREW T. DULANEY  

    Synopsis provided by:

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    Topic: Personal injury - Tort Claims Act - Section 11-46-11 - Notice of claim

    Summary of the Facts: Marvin Arthur filed a complaint against Tunica County and the Tunica County Sheriff’s Department. The circuit court dismissed the complaint due to Arthur’s failure to give notice to Tunica County ninety days prior to instituting his action. Arthur appeals.

    Summary of Opinion Analysis: It is undisputed that Arthur failed to comply with section 11-46-11, as he did not file a notice of claim prior to filing suit against Tunica County. Furthermore, on the facts of this case, it cannot be legitimately argued that Tunica County waived the ninety-day notice requirement. Thus, the court did not err in dismissing the complaint.


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