Jenkins v. Pensacola Health Trust, Inc., 933 So. 2d 923 (Miss. 2006)

Summary judgment was affirmed in part and reversed in part. The statute of limitations for underlying acts of negligence applies in a wrongful death suit; thus, Plaintiff claims for negligent acts occurring more than three years prior to the time the lawsuit was filed were barred. The court reversed that part of the summary judgment barring claims where Plaintiff did not provide a specific date of occurrence. Plaintiff has the burden of providing that the negligent act occurred, but Defendant has the burden of proving its affirmative defense.