Estate of Johnson v. Graceland Care Center of Oxford, LLC

PIERCE, Justice, for the Court:

¶ 1. The motion for rehearing is denied. The previous opinion is withdrawn, and this opinion is substituted therefor.

¶ 2. The present matter stems from two cases which were consolidated for purposes of appeal. Both cases involve identical issues: whether a trial court may properly grant a Mississippi Rule of Civil Procedure 12(b)(6) motion to dismiss as to the statute of limitations on a medical-malpractice claim when the complaint alleges the victim was of unsound mind, and did not regain soundness of mind prior to death; and whether all torts alleged against a…