Koestler v. Miss. Baptist Health Sys., Inc.
| Docket Number: | 2009-CA-00603-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 10-07-2010 Opinion Author: Dickinson, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Personal injury - Statute of limitations - Section 15-1-35 - Voluntary dismissal of complaint - M.R.C.P. 41 Judge(s) Concurring: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 03-18-2009 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: The trial court granted summary judgment in favor of the defendants, finding, among other things, that Thelma’s claims were barred by the statute of limitations. Case Number: 251-08-85-CIV |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Thelma R. Koestler and Leo C. (Mickey) Koestler, Deceased, by and through Thelma R. Koestler |
MARCIE T. SOUTHERLAND, BRANAN P. SOUTHERLAND |
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| Appellee: | Mississippi Baptist Health Systems, Inc.; Baptist Memorial Medical Center, Inc.; Baptist Behavioral Health Services; William S. Cook, Jr., M.D., P.A.; William S. Cook, Jr., M.D., Individually and/or in his capacity as an employee of Mississippi Baptist Medical Systems, Inc., and/or in his capacity as an employee of Mississippi Baptist Medical Center, Inc., and/or in his capacity as Medical Director of Baptist Senior Behavioral Health Services; Khari A. Omolara, P.C.; Khari A. Omolara, M.D., Individually and/or in his capacity as an employee of Mississippi Baptist Health Systems, Inc., and/or in his capacity as an employee of Mississippi Baptist Medical Center, Inc., and/or in his capacity as Contractor of Baptist Behavioral Health Services; Grace Scott, R.N., Individually and/or in her capacity as an employee of Mississippi Baptist Health Systems, Inc., and/or in her capacity as an employee of Mississippi Baptist Medical Center, Inc., and/or in her capacity as employee of Baptist Behavioral Health Services; Tiffany Parker, L.S.W., Individually and/or in her capacity as an employee of Mississippi Baptist Health Systems, Inc., and/or in her capacity as an employee of Mississippi Baptist Medical Center, Inc., and/or in her capacity as employee of Baptist Behavioral Health Services; Becky Ivey, O.T., Individually and/or in her capacity as an employee of Mississippi Baptist Health Systems, Inc., and/or in her capacity as an employee of Mississippi Baptist Medical Center, Inc., and/or in her capacity as employee of Baptist Behavioral Health Services; S. Inman, R.N., Individually and/or in her capacity as an employee of Mississippi Baptist Health Systems, Inc., and/or in her capacity as an employee of Mississippi Baptist Medical Center, Inc., and or/in her capacity as an employee of Baptist Behavioral Health Services; and Stacey Ashley, Individually | EUGENE R. NAYLOR, REX M. SHANNON, III, ANASTASIA G. JONES, CLIFFORD B. AMMONS, LORRAINE W. BOYKIN, WHITMAN B. JOHNSON, III, FRANK F. FARMER |
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| Topic: | Personal injury - Statute of limitations - Section 15-1-35 - Voluntary dismissal of complaint - M.R.C.P. 41 |
| Summary of the Facts: | After voluntarily seeking treatment at a mental-health facility, Thelma Koestler claims she changed her mind and demanded that she be released. Because the facility refused to release her, she filed suit against numerous defendants, alleging several causes of action, including false imprisonment. The defendants filed a motion for summary judgment which the court granted, finding, among other things, that Koestler’s claims were barred by the statute of limitations. Koestler appeals. |
| Summary of Opinion Analysis: | Koestler argues that the trial judge erred in holding that the statute of limitations bars her suit. She admits that all her claims are governed by section 15-1-35, which provides a one-year statute of limitations, and that absent some tolling provision, the statute of limitations would have expired on October 2, 2007 – one year from the date of the beginning of the alleged false imprisonment. Although she filed her original complaint on October 1, 2007, she did not serve the defendants. Instead, on January 29, 2008, she voluntarily dismissed the complaint pursuant to M.R.C.P. 41 and, on January 30, 2008, filed a second complaint based on identical facts. A voluntary dismissal without prejudice does not deprive the defendant of any defense he may be entitled to make to the new suit, nor confer any new right or advantage on the complainant (plaintiff), and hence it will not have the effect of excepting from the period prescribed by the statute of limitations, the time during which that suit was pending. Koestler argues her claim is timely because when she filed the original complaint, one day remained before the statute of limitations expired. She says filing the complaint tolled the statute for 120 days until January 29, 2008, and she filed suit the following day, January 30, 2008. However, her voluntary dismissal of the first complaint deprived her of the tolling normally provided by filing a complaint. So the statute of limitations ran long before the second suit was filed. |
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