Joseph, et al. v. City of Moss Point, et al.
| Docket Number: | 2002-CA-00872-COA Linked Case(s): 2002-CA-00872-COA ; 2002-CT-00872-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-13-2003 Opinion Author: Lee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Tort Claims Act - Reckless disregard - Section 11-46-9 (1)(c) Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Bench Trial/Dismissal Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 05-09-2002 Appealed from: Jackson County Circuit Court Judge: Kathy King Jackson Disposition: DISMISSED PURSUANT TO M.R.C.P. 41(b). Case Number: CI-99-0381(2) |
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| Party Name: | Attorney Name: | |||
| Appellant: | Sheila Joseph, Issac Joseph and Donna Thomas |
BRADLEY WADE RATH
RUSSELL S. GILL |
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| Appellee: | The City of Moss Point, a Body Politic; and Garlon P. Cole, in His Representative Capacity | NATHANIEL A. BOSIO ROBERT W. WILKINSON JOHN B. EDWARDS, II |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Personal injury - Tort Claims Act - Reckless disregard - Section 11-46-9 (1)(c) |
| Summary of the Facts: | Sheila Joseph, her husband Isaac Joseph, Donna Thomas and Larry Patterson were in a car stopped at a traffic light when they were hit from behind by Moss Point Police Officer Garlon Cole, who was driving his patrol car. Sheila and her passengers sued the City of Moss Point and Officer Cole in his official capacity for driving recklessly. The court dismissed the case, and the plaintiffs appeal. |
| Summary of Opinion Analysis: | The plaintiffs argue that Officer Cole's reckless actions did not fall under the Mississippi Tort Claims Act and, thus, he was not immune from liability. Section 11-46-9 (1)(c) provides that a governmental entity and its employees acting within the course and scope of their employment or duties shall not be liable for any claim arising out of any act or omission of an employee of a governmental entity engaged in the performance of duties relating to police or fire protection unless the employee acted in reckless disregard of the safety and well-being of any person not engaged in criminal activity at the time of injury. The term "reckless disregard" as used in the statute embraces willful or wanton conduct which requires knowingly and intentionally doing a thing or wrongful act. Here, although Officer Cole was remiss in paying attention to traffic directly in his lane, his reaction in prematurely moving forward was more of a reflex in response to his seeing traffic to the side moving than a blatant exhibition of recklessness. Since he was guilty of simple negligence and nothing more, he is immune under the Tort Claims Act. |
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