Stuart v. University of Mississippi Medical Center

RANDOLPH, Justice,

Specially Concurring.

¶ 16. Based upon Grimes v. Warrington, 982 So.2d 365, 369-70 (Miss.2008), I agree with the Majority “that UMMC’s participation in this lawsuit and its failure to raise Stuart’s noncompliance with the ninety-day requirement until two-and-a-half years later constitute waiver of that defense.” (Maj. Op. at ¶ 9). I further agree with the Majority that, because the pre-suit notice requirements of Mississippi Code Annotated Section 11-46-11 are waivable, they should not be considered jurisdictional. Finally, I agree with the Majority’s decision to overrule…