University of Mississippi Medical Center v. Jackie Aycock and Debra Aycock

Summary

The court affirmed the denial of UMMC’s motion for summary judgment and remanded for further proceedings. Although the plaintiffs failed to serve the statutorily designated chief executive officer, the notice requirement is mandatory but nonjurisdictional and may be subject to waiver or equitable estoppel. The evidence concerning UMMC’s communications, organizational information, investigation, and denial of the claim created genuine issues of material fact regarding those equitable doctrines.