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Reaves v. Randall

December 31, 1998

ASHLEY RENEE REAVES, A MINOR, BY AND THROUGH HER NEXT FRIEND AND NATURAL MOTHER, REBECCA LOU ROUSE
v.
W. P. RANDALL AND GREENWOOD MUNICIPAL SEPARATE SCHOOL DISTRICT



The opinion of the court was delivered by: Mills, Justice

DATE OF JUDGMENT: 07/17/97

TRIAL JUDGE: HON. SHIRLEY C. BYERS

COURT FROM WHICH APPEALED: LEFLORE COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - PERSONAL INJURY

DISPOSITION: REVERSED AND REMANDED -12/31/1998

MOTION FOR REHEARING FILED:

MANDATE ISSUED:

BEFORE SULLIVAN, P.J., MILLS AND WALLER, JJ.

¶1. The present case was considered by this Court in Ashley Renee Reaves v. W.P. Randall and Greenwood Municipal Separate School District, No. 97-CA-00982 (decided December 31, 1998). After full consideration, we deny the School District's Motion for Rehearing and issue the following modified opinion.

STATEMENT OF THE CASE

¶2. Summary judgment was granted by the Circuit Court of Leflore County in favor of W.P. Randle and the Greenwood Municipal School District on July 21, 1997. This grant dismissed the complaint filed by Ashley Renee Reaves, by and through her mother, Rebecca Lou Rouse, on July 3, 1996. This tort claim is one governed by the Mississippi Tort Claims Act and was dismissed for failure to comply with the notice of claim requirements of the Act. The chancellor found that since the notice requirement of the Act was not met, there was no waiver of immunity by the school district and therefore no jurisdiction for the court. Absent the tolling of the one-year statute of limitations of the Mississippi Tort Claims Act by adequate notice, this claim is procedurally barred.

STATEMENT OF THE FACTS

¶3. The facts pertinent to the issues of notice and waiver of notice are undisputed. Ashley Renee Reaves was riding her bike toward Davis Elementary with her friend Brandon Lancaster on February 18, 1996, around 1:30 p.m. At the same time the two were approaching the school, W. P. Randle was driving a pickup truck owned by the Greenwood Public School District in the opposite direction. Lancaster apparently spotted Randle and stopped. Reaves's bike bumped into the back of Lancaster's stopped bike. Reaves then veered left and struck the truck driven by Randle.

ΒΆ4. On February 27, 1996, counsel for the appellant sent a letter to Dr. C.L. Stevenson, Superintendent of the Greenwood Municipal ...


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