Parker v. Harrison County Board of Supervisors

Summary

The Supreme Court of Mississippi affirmed summary judgment and dismissal of Sharon Parker and Aline Whisenant's claims against the Harrison County Board of Supervisors and Wilfred E. Ross for failure to comply with the Mississippi Tort Claims Act's notice-of-claim requirements. The court held that the plaintiffs' written communications did not include all seven required categories of information under Mississippi Code section 11-46-11(2), and that South Central Regional Medical Center v. Guffy controlled despite being decided after the action was filed. A dissent argued that dismissal was an unduly harsh remedy for noncompliance.

Holdings

1. A claimant must provide written notice containing information in each of the seven categories specified by section 11-46-11(2). Failure to provide any one of the required categories constitutes noncompliance, and the plaintiffs' letters did not satisfy the statute.
2. Verbal communications are insufficient, and notice must be provided in writing to the chief executive officer of the governmental entity.
3. Guffy controlled because it was decided while the litigation remained pending, and its rule applied to the case.
4. Summary judgment and dismissal were proper because the plaintiffs' notices failed to comply with section 11-46-11(2), leaving no genuine issue of material fact and entitling defendants to judgment as a matter of law.

Questions Presented

1. Whether the plaintiffs complied with Mississippi Code section 11-46-11(2)'s requirement that a written notice of claim contain all seven specified categories of information.
2. Whether South Central Regional Medical Center v. Guffy applied retroactively to this pending litigation.
3. Whether the plaintiffs' communications constituted substantial compliance with the Mississippi Tort Claims Act notice requirements.

Disposition

affirmed