Gaye Nell Currie was able to successfully defend the plaintiff’s appeal of the trial court’s grant of summary judgment in favor of our client, Greenwood Leflore Hospital.

The Mississippi Court of Appeals affirmed the lower court’s decision that a judgment of dismissal was warranted in the matter as the plaintiffs failed to follow the pre-suit requirements of the Mississippi Torts Claim Act and failed to timely file their suit within the applicable limitations period.

As did the trial court, the Court of Appeals rejected plaintiff’s misleading conduct to prevent them from discovering the physicians’s employment status and timely filing their action but instead found that plaintiffs failed to engage in a due diligence investigation prior to filing suit to determine the defendant’s status.