Parker v. Harrison County Bd. of Supervisors
| Docket Number: | 2007-CA-00532-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 07-31-2008 Opinion Author: CARLSON, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Tort Claims Act - Notice - Section 11-46-11(2) Judge(s) Concurring: SMITH, C.J., WALLER, P.J., DICKINSON, RANDOLPH AND LAMAR, JJ. Non Participating Judge(s): EASLEY, J. Dissenting Author : GRAVES, J., without separate written opinion. Dissenting Author : DIAZ, P.J., with separate written opinion. Dissent Joined By : GRAVES, J. joins in part. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 02-26-2007 Appealed from: Harrison County Circuit Court Judge: Lisa P. Dodson Disposition: The trial court granted summary judgment in favor of the Harrison County Board of Supervisors for failure to comply with the notice provisions of the Mississippi Tort Claims Act. Case Number: A2402-2004-00034 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | SHARON PARKER AND ALINE WHISENANT |
GEORGE W. BYRNE, JR. |
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| Appellee: | HARRISON COUNTY BOARD OF SUPERVISORS AND WILFRED E. ROSS | KAREN J. YOUNG | ||
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| Topic: | Personal injury - Tort Claims Act - Notice - Section 11-46-11(2) |
| Summary of the Facts: | The car in which Sharon Parker and Aline Whisenant were riding was rear-ended by a vehicle driven by Wilfred Ross, a Harrison County employee who was driving a county vehicle in the course and scope of his employment at the time of the accident. Parker and Whisenant filed a Complaint for Damages seeking damages in the sum of $750,000 and $500,000, respectively, against the Harrison County Board of Supervisors. The Harrison County Board of Supervisors and Wilfred Ross filed their motion for summary judgment asserting that the plaintiffs failed to comply with the provisions of the Tort Claims Act. The court granted summary judgment, and Parker and Whisenant appeal. |
| Summary of Opinion Analysis: | Parker and Whisenant argue that they substantially complied with the notice provisions of sections 11-46-11(1) & (2) by giving the Board at least ninety days’ notice by providing it with the sufficient information required pursuant to statute. The Board argues that the plaintiffs failed to substantially comply with the notice provision when they failed to provide written notice that contained all seven categories of information outlined in section 11-46-11(2). Section 11-46-11(2) provides that the notice of claim must contain a short and plain statement of the facts upon which the claim is based, including the circumstances which brought about the injury, the extent of the injury, the time and place the injury occurred, the names of all persons known to be involved, the amount of money damages sought and the residence of the person making the claim at the time of the injury and at the time of filing the notice. With respect to the seven required categories of information, the failure to provide one of the seven categories is failure to comply. The trial judge in this case did not err when she found that neither of plaintiffs’ letters provided information in each of the seven categories. |
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