Black v. Ansah, et al.
| Docket Number: | 2001-CA-01909-COA Linked Case(s): 2001-CA-01909-COA ; 2001-CT-01909-SCT ; 2001-CT-01909-SCT ; 2001-CT-01909-SCT ; 2001-CT-01909-SCT |
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| Court of Appeals: |
Opinion Date: 06-03-2003 Opinion Author: Southwick, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Tortious discharge - Tortious interference with her employment contract - Tort Claims Act - Statute of limitations - Section 11-46-11(3) - Accrual of claim - Exhaustion of administrative remedies Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Dismissal Nature of the Case: CIVIL - CONTRACT |
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| Trial Court: |
Date of Trial Judgment: 11-07-2001 Appealed from: Leflore County Circuit Court Judge: W. Ashley Hines Disposition: DISMISSED AS BARRED BY LIMITATIONS. Case Number: 2001-0045CI |
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| Note: | Link Inactive | |
| Party Name: | Attorney Name: | |||
| Appellant: | Dr. Patricia Black |
DENNIS L. HORN
SHIRLEY PAYNE |
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| Appellee: | Dr. S. L. Ansah, Individually and in His Official Capacity as Interim Director of the Department of Education at Mississippi Valley State University; Billy C. Hawkins, Individually and in His Official Capacity as Assistant Vice President and Provost of Mississippi Valley State University; Dr. Lester C. Newman, Individually and in His Official Capacity as President and Chief Executive Officer of Mississippi Valley State University; Mississippi Valley State University, Dr.Thomas D. Layzell, in His Official Capacity as Commissioner of the Board of Trustees of State Institutions of Higher Learning; Thomas W. Colbert, William S. Crawford, Ricki Garrett, J. Roy Klumb, Dr. D. E. Magee, Jr., Virginia Shanteau Newton, Dr. L. Stacy Davidson, Jr., Bryce Griffis, Dr. Bettye H. Neely, Scott Ross, Amy D. Whitten and Carl Nicholson, Jr., in Their Official Capacities as Members of the Board of Trustees of State Institutions of Higher Learning | J. CAL MAYO |
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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: | Tortious discharge - Tortious interference with her employment contract - Tort Claims Act - Statute of limitations - Section 11-46-11(3) - Accrual of claim - Exhaustion of administrative remedies |
| Summary of the Facts: | The motion for rehearing is denied, and this opinion is substituted for the original opinion. Dr. Patricia Black filed a lawsuit against Mississippi Valley State University and against several University officials, including officials of the Board of Trustees of State Institutions of Higher Learning, for tortious discharge and tortious interference with her employment contract. The University filed a motion to dismiss which the court granted. Black appeals. |
| Summary of Opinion Analysis: | Issue 1: Statute of limitations Black argues that section 15-1-49, the general three-year statute of limitations, controls her tortious interference and breach claims rather than section 11-46-11(3), the Tort Claims Act's one-year limitations period. While the Tort Claims Act does not apply to pure contract actions, it does apply to claims for tortious breach of contract. In addition, tortious interference is a tort claim, not a contract claim. Therefore, she may only pursue that claim against the State and its officials using the Tort Claims Act. Because the Tort Claims Act provides a remedy for the alleged misconduct by the University appellees, that remedy is exclusive. Issue 2: Accrual of claim Black argues that she timely filed her claim under the Tort Claims Act because her claim did not accrue and the one-year limitations period did not begin to run until the last date of her employment. A cause of action accrues only when it comes into existence as an enforceable claim; that is, when the right to sue becomes vested. The statute of limitation cannot be running if a potential plaintiff is not yet legally entitled to bring a claim. Since it is undisputed that the University notified Black of its employment decision by letter dated May 28, 1999, any tortious interference or other misconduct causing Black's alleged injuries must have occurred by that date, which is almost two years before Black filed her suit. Black knew of her claim when or soon after she received the May 1999 notice. Black filed two notice letters, one on April 6, 2001, and one on May 8, 2001. Since any tortious misconduct causing Black's injury must have occurred by May 28, 1999, the two notices were well beyond the one-year time limit. Issue 3: Exhaustion of administrative remedies Exhaustion of remedies for a university employee is only necessary when reinstatement to employment is being sought. Since Black has sought only damages, she could proceed without pursuing administrative remedies. |
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