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University of Mississippi Medical Center v. Hampton

Supreme Court of Mississippi

October 10, 2017

UNIVERSITY OF MISSISSIPPI MEDICAL CENTER Appellant
v.
KIM HAMPTON, INDIVIDUALLY AND ON BEHALF OF KIMRICK SMITH, DECEASED, AND THE WRONGFUL DEATH BENEFICIARIES OF KIMRICK SMITH Appellee

          EN BANC ORDER

          JOSIAH DENNIS COLEMAN, JUSTICE

         The instant matter is before the Court en banc on the Court's own motion. The

Petition for Writ of Certiorari filed by Kim Hampton was granted by order of the Court signed on May 18, 2017. Upon further consideration, the Court finds that there is no need for further review and that the writ of certiorari should be dismissed, as authorized by Mississippi Rule of Appellate Procedure 17(f).

         It is, therefore, ORDERED:

         That the writ of certiorari is hereby dismissed.

         SO ORDERED.

          TO DISMISS: RANDOLPH, P.J., COLEMAN, MAXWELL, BEAM AND CHAMBERLIN, JJ.

          KITCHENS, P.J., OBJECTS TO THE ORDER WITH SEPARATE WRITTEN STATEMENT JOINED BY KING, J.; WALLER, C.J., JOINS IN PART.

          NOT PARTICIPATING: ISHEE, J.

          KITCHENS, PRESIDING JUSTICE, OBJECTING TO THE ORDER WITH SEPARATE WRITTEN STATEMENT:

         ¶1. After undergoing treatment at the University of Mississippi Medical Center (UMMC) for a stab wound to the chest, Kimrick Smith died from an undetected heart wound. His mother, Kim Hampton, filed suit pro se against UMMC on behalf of Smith's wrongful death beneficiaries. The Circuit Court of the First Judicial District of Hinds County, following a bench trial, awarded a $500, 000 judgment to Hampton, finding that UMMC had breached the applicable standard of care and that such breach had been the proximate cause of Smith's death. UMMC appealed and the Mississippi Court of Appeals reversed and rendered, finding that Hampton had filed suit outside the applicable statute of limitations. We granted Hampton's petition for a writ of certiorari, and now the Court has decided to dismiss the writ after grant. For the reasons stated below, I object to this Court's dismissal after grant. With respect, I would reverse the decision of the Mississippi Court of Appeals and reinstate and affirm the judgment of the Circuit Court of the First Judicial District of Hinds County.

         FACTS AND PROCEDURAL HISTORY

         ¶2. On October 30, 2010, Kimrick Smith was airlifted to UMMC after having been stabbed in the chest. He was discharged from UMMC three days later, on November 3, 2010; but, on November 8, 2010, he died suddenly at Marion County General Hospital from an undetected heart wound. The following timeline is significant to the analysis:

● Nov. 11 or 12, 2010 Dr. Adele Shaker, who performed Smith's autopsy, informed Kim Hampton, Smith's mother, of the heart wound. The parties agree that November 12, 2010, is the latest possible discovery date by Hampton of her cause of action and it triggered the one-year statute of limitations. Miss. Code Ann. § 11-46-11(3) (2002).
● November 7, 2011 Hampton hand delivered a pre-suit notice of claim letter to UMMC. Miss. Code Ann. § 11-46-11(1) (Rev. 2012). The parties agree that five days remained on the original, one-year limitations period, but such period was tolled for ninety-five days. Miss. Code Ann. § 11-46-11(3) (2002).
‚óŹ February 10, 2012 The ninety-five day tolling period, after UMMC received pre-suit notice of ...

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