Fowler v. White

A circuit court dismissed Plaintiff Jimmy Steven Fowler Jr.'s wrongful-death action for failing to timely serve presuit notice on the defendants as required by Mississippi Code Section 15-1-36(15) (Rev. 2003). The trial court denied Plaintiff's motion for reconsideration. Plaintiff appealed, arguing that: (1) he presented evidence which raised a presumption of timely presuit notice; (2) the trial court erred by denying his motion for reconsideration; and (3) the defendants, John Paul White, M.D., Marilyn Lehman, R.N., and The Sanctuary Hospice House, Inc. (collectively, Sanctuary), waived the affirmative defense of lack of presuit notice because they failed to timely pursue the defense while actively participating in the litigation. Upon review of the circuit court record, the Supreme Court affirmed, finding the trial court's finding that Plaintiff failed to present sufficient evidence to create a presumption of presuit notice was supported by substantial evidence. The trial court was within its discretion in denying Plaintiff's Rule 59(e) motion for reconsideration. And Plaintiff's waiver argument was procedurally barred because he raised it for the first time on appeal. View "Fowler v. White" on Justia Law