Fowler v. White

CHANDLER, Justice,

for the Court:

¶ 1. The Circuit Court of Lee County dismissed Jimmy Steven Fowler Jr.’s wrongful-death action for failure to timely serve presuit notice on the defendants as required by Mississippi Code Section 15-1-36(15) (Rev. 2003). The trial court denied Fowler’s motion for reconsideration. Fowler appeals, 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.…