OF JUDGMENT: 06/22/2016
COUNTY CIRCUIT COURT, HON. ROGER T. CLARK.
ATTORNEYS FOR APPELLANT: MICHAEL DUANE MITCHELL SAMUEL S.
ATTORNEY FOR APPELLEE: TRACE D. MCRANEY.
IRVING, P.J., FAIR AND WILSON, JJ.
The sole issue in this appeal is whether the plaintiffs
pre-suit notice of claim was sufficient to satisfy the
requirements of the Mississippi Tort Claims Act (MTCA),
specifically, Mississippi Code Annotated section 11-46-11(2)
(Rev. 2012). The circuit court concluded that the notice did
not substantially comply with the statute's requirements
and granted summary judgment for the Mississippi Department
of Transportation (MDOT) on that basis. For the reasons that
follow, we agree and affirm.
AND PROCEDURAL HISTORY
The relevant record facts can be summarized briefly. On
October 2, 2015, Lane's attorney filed a notice of claim
with MDOT that stated as follows:
On or about October 11, 2014, as Mr. Lane was operating his
motorcycle in a safe and prudent manner southbound on the
ramp of MS 67, Mr. Lane lost control of his motorcycle and
ran off the left side of the roadway, the motorcycle came to
rest East of MS 67 facing east, that Mr. Lane hit a damaged
area on the roadway causing him to lose control of his
This accident was caused by the negligen[ce] for failure to
properly inspect and maintain said roadway of [MDOT].
That [MDOT] has acted in reckless disregard to the members of
the public who may have been operating their vehicles
southbound of the ramp of MS 67.
That as a direct of [sic] proximate result of the aforesaid
acts and failure to act Mr. Lane has suffered and continues
to suffer damages in excess of $28, 983.53, in personal and
property damages, further regarding pain and suffering in the
amount to be determined by the Court.
Therefore, the undersigned intends to bring suit, pursuant to
Section 11-46-1, et seq. against [MDOT] for alleged neglect
in reckless disregard for the safety of the driving public on
the southbound ramp of MS 67, in Forrest County, Mississippi.
On January 27, 2016, Lane filed suit against MDOT in the
Harrison County Circuit Court. His complaint repeated the
allegations of his notice of claim. MDOT answered and on
March 11, 2016, filed a motion for summary judgment arguing
that the content of Lane's pre-suit notice of claim
failed to satisfy the requirements of section 11-46-11. Lane
responded, MDOT replied, and the court heard oral argument on
the motion. On June 23, 2016, the circuit court granted