Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lane v. Mississippi Department of Transportation

Court of Appeals of Mississippi

May 23, 2017

HARRY LANE APPELLANT
v.
MISSISSIPPI DEPARTMENT OF TRANSPORTATION, SOUTHERN DISTRICT APPELLEE

          DATE OF JUDGMENT: 06/22/2016

         HARRISON COUNTY CIRCUIT COURT, HON. ROGER T. CLARK.

          ATTORNEYS FOR APPELLANT: MICHAEL DUANE MITCHELL SAMUEL S. CREEL JR..

          ATTORNEY FOR APPELLEE: TRACE D. MCRANEY.

          BEFORE IRVING, P.J., FAIR AND WILSON, JJ.

          WILSON, J.

         ¶1. 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.

         FACTS AND PROCEDURAL HISTORY

         ¶2. 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 motorcycle.
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.

         ¶3. 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.