Carpenter v. Reinhard’s Empirical Analysis

Citation profile

1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In comparing the notice provisions of Section 15-1-36(15) and Section 11-46-13, the Court notes that the MTCA's notice provision is clearly more stringent than that of the MMTRA. Persons who seek to sue a physician under the MMTRA must only provide `the defendant' with written notice of the intent to bring the action. No particular form of notice is required, except that the notice must inform the physician-defendant of the legal basis of the claim and the type of loss suffered (including the nature of the injuries with specificity). There is no requirement regarding how the notice is to be delivered to the defendant. In contrast, notice under the MTCA must be written, must be delivered `in person or by registered or certified United States mail,' and must contain `a short and plain statement of the facts upon which the claim is based, including the circumstances which brought about the injury, the extent of the injury, and the time and place the injury occurred, the names of all persons known to be involved, the amount of money damages sought and the residence of the person making the claim at the time of the injury and at the time of filing the notice.' After comparing the two statutes and considering the way in which the Mississippi Supreme Court has interpreted the MTCA's notice provision, this Court is of the opinion that the Mississippi Supreme Court would require only substantial compliance with 15-1-36(15) rather than strict compliance as the defendant urges.”

   1 later decision quote this exact passage · from the majority
   e.g. 949 So. 2d 691 - Arceo v. Tolliver