For the second time the Supreme Court ruled on notice issues in Arceo v. Tolliver. The case dealt with the interplay in the pre-suit notice requirement in a medical malpractice case and the savings statue: Miss. Code Ann. § 15-1-69. A divided Court ruled that the savings statute applies in cases dismissed for failure to comply with pre-suit notice requirements. This gives a plaintiff one year after the dismissal to re-file the case. That was the good news for the plaintiff in this case. The bad news was that the plaintiff re-filed more than a year after the first dismissal, resulting in dismissal of the second case with prejudice. Justice Waller wrote the Court’s opinion. Justice Randolph wrote a concurrence and Justice Graves wrote a dissent joined by Justice Kitchens.
