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Walker v. Whitfield Nursing Ctr., Inc., 931 So. 2d 583 (Miss. 2006)

Summary judgment for Defendants was affirmed where the attorney’s certificate that the case was reviewed by an expert prior to filing was not attached to the complaint in compliance with Miss. Code. Ann. § 11-1-58. The court rejected Plaintiff’s substantial compliance argument. The court also rejected Plaintiff’s argument that Defendant waived this defense by failing to refer to it in the answer. Defendants’ “failure to state a claim” defense was sufficient in this case because Plaintiff failed to state a claim when they failed to comply with the statute.

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