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STUART v. UNIVERSITY OF MISS.

No. 2007-CT-00864-SCT.

21 So.3d 544 (2009)

Leon STUART, Individually, and as Wrongful Death Beneficiary and on Behalf of All Other Wrongful Death Beneficiaries of Shirley Stuart, Deceased v. The UNIVERSITY OF MISSISSIPPI MEDICAL CENTER.

Supreme Court of Mississippi.

Rehearing Denied December 3, 2009.

Attorney(s) appearing for the Case

William B. Raiford, III, John H. Cocke, Clarksdale, attorneys for Appellant.

Senith C. Tipton, Jackson, John Michael Coleman, Melanie H. Morano, attorneys for Appellee.

EN BANC.

ON WRIT OF CERTIORARI

GRAVES, Presiding Justice, for the court.

¶ 1. This is a wrongful-death action filed by Leon Stuart (Stuart) against the University of Mississippi Medical Center (UMMC). Because Stuart failed to comply with the ninety-day-notice requirement in Mississippi Code Section 11-46-11(1), the Mississippi Tort Claims Act (MTCA), the trial court granted summary judgment. Stuart appealed...

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