Estate of Pope Ex Rel. Payne v. Delta Health Group, Inc.

KITCHENS, Justice,

for the Court:

¶ 1. In this wrongful death, medical negligence action, the Court is asked to determine whether the general saving statute of Mississippi Code Section 15-1-69 applies when the original suit was dismissed for lack of standing. Because the original complaint was dismissed with prejudice, and no appeal was taken from that dismissal, we do not reach this issue, and affirm the trial court’s judgment in favor of the defendant.

Facts and Procedural History

¶ 2. Ellen Pope died on January 12, 2004, while a resident of the Shelby Nursing and Rehabilitation Center…