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Carr v. Town of Shubuta

April 07, 1998

CARR
v.
TOWN OF SHUBUTA



Before Thomas, P.j., Coleman, Hinkebein, And Payne, JJ.

The opinion of the court was delivered by: Payne, J

AGNES CARR, APPELLANT v. TOWN OF SHUBUTA, APPELLEE

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

DATE OF JUDGMENT: 08/28/96

TRIAL JUDGE: HON. LARRY EUGENE ROBERTS

COURT FROM WHICH APPEALED: CLARKE COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - PERSONAL INJURY

TRIAL COURT DISPOSITION: SUMMARY JUDGMENT FOR TOWN OF SHUBUTA

DISPOSITION AFFIRMED - 4/7/98

This appeal arises from a personal injury suit filed by Agnes Carr against the Town of Shubuta. The Clarke County Circuit Court entered summary judgment in favor of the Town of Shubuta on the ground that Carr failed to comply with the notice requirements of Miss. Code Ann. § 11-46-11 (Supp. 1997). Finding no error on the part of the trial court, we affirm.

FACTS

On October 13, 1993, Agnes Carr was allegedly injured when she tripped and fell on an uneven surface while walking along a sidewalk in Shubuta, Mississippi. On December 2, 1994, Carr filed a personal injury lawsuit against the Town of Shubuta alleging that the town had failed to exercise ordinary and reasonable care in inspecting and maintaining the sidewalk. On December 30, 1994, the Town of Shubuta filed its answers and defenses to Carr's complaint denying any negligence on the part of the municipality. As an affirmative defense, the Town of Shubuta raised the provisions of the Mississippi Tort Claims Act, Miss. Code Ann. § 11-46-11 (Supp. 1997). On May 17, 1996, following discovery by both parties, Shubuta filed a motion for summary judgment and a motion to dismiss the action. In support of its motions, the town asserted that Carr's complaint was barred because (1) the condition of the sidewalk was open and obvious and (2) Carr failed to comply with the Mississippi Tort Claims Act which requires that a claimant provide the chief executive officer of the governmental entity with notice ninety days prior to filing suit and that the suit be commenced within one year after the accrual of the action. See Miss. Code Ann. § § 11-46-11(1) & (3) (Supp. 1996).

After hearing the arguments of the parties, the trial court issued a memorandum opinion and order granting the Town of Shubuta a summary judgment based on Carr's failure to comply with the notice requirements of the ...


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