Arthur v. Tunica County
Docket Number: | 2009-CP-00950-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 03-30-2010 Opinion Author: Irving, J. Holding: Affirmed |
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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 |
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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 |
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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 |
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Appellee: | Tunica County, Mississippi and Tunica County Sheriff's Department | DANIEL JUDSON GRIFFITH, ANDREW T. DULANEY |
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. |
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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