Poppenheimer v. Estate Coyle


<- Return to Search Results


Docket Number: 2011-IA-00541-SCT
Supreme Court: Opinion Link
Opinion Date: 10-04-2012
Opinion Author: King, J.
Holding: Affirmed and Remanded
Additional Case Information: Topic: Wrongful death - Tort Claims Act - Immunity - Volunteer firefighter - Political subdivision - Section 11-46-1(i) - Independent contractor - Fire protection services - Section 95-9-1 - Section 95-9-1(3)(b) - Negligence
Judge(s) Concurring: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ.
Procedural History: Interlocutory Appeal
Nature of the Case: CIVIL - OTHER
Trial Court: Date of Trial Judgment: 03-23-2011
Appealed from: DeSoto County County Court
Judge: Allen Couch, Jr.
Disposition: Denied the Appellant's motion to dismiss or motion for summary judgment.
Case Number: 2010-0059(CD)
  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Glen Poppenheimer




 GOODLOE TANKERSLEY LEWIS JOSIAH DENNIS COLEMAN LAWRENCE JOHN TUCKER, JR. BRANDON LYLE FLECHAS PHILIP ANDREW STROUD



  
  • Appellant #1 Brief
  • Appellant #1 Reply Brief
    		•
    Appellee: The Estate of Joe D. Coyle, Deceased JOHN BOOTH FARESE  
    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.
    Topic: Wrongful death - Tort Claims Act - Immunity - Volunteer firefighter - Political subdivision - Section 11-46-1(i) - Independent contractor - Fire protection services - Section 95-9-1 - Section 95-9-1(3)(b) - Negligence
    Summary of the Facts: Glen Poppenheimer, a volunteer firefighter, responded to a fire call. As Poppenheimer drove northbound on Malone Road and Joe Coyle drove westbound on Windermere Road, their vehicles collided, and both suffered injuries. Coyle later died. Poppenheimer filed suit against Mississippi Farm Bureau Insurance Company, his automobile insurer, and Coyle’s Estate in the County Court of DeSoto County. The Estate filed its answer, denying all allegations, and a counter-claim. The Estate also filed a complaint for wrongful death in circuit court and sought to remove the action from county court to circuit court. The parties agreed to transfer the circuit court filing to county court, and the cases were consolidated. Poppenheimer filed a motion to dismiss or, alternatively, a motion for summary judgment. The county court denied Poppenheimer’s motions. Poppenheimer filed an interlocutory appeal, which the Supreme Court granted.
    Summary of Opinion Analysis: Issue 1: Immunity Poppenheimer argues that summary judgment was appropriate because he, as a volunteer firefighter, is immune from suit under the Tort Claims Act. The Estate argues that, as an independent contractor, a volunteer fire department is neither a governmental entity nor an instrumentality of the county and therefore, volunteer firefighters are not covered under the Act. This issue was addressed in Flye v. Spotts, 94 So. 3d 240 (Miss. 2012). The Court found that as a private, nonprofit organization, the volunteer fire department did not meet the definition of a “political subdivision” as found in section 11-46-1(i). Alternatively, Poppenheimer argues that BVFD is protected as an instrumentality of the county. An “independent contractor” is defined as a person who contracts with another to do something for him but who is not controlled by the other or subject to the other’s right to control with respect to his physical conduct in the performance of the undertaking. This issue was also addressed in Flye. While fire-protection services generally are protected under the Act, the Court found that a private company and its employees who provide governmental activities via contract with a political subdivision are not immune from liability under the Act. The Estate argues that section 95-9-1 governs volunteer-firefighter liability. The statute specifically lists fire protection as a “volunteer activity.” It also provides that a “[v]olunteer agency shall also include any volunteer firefighter association which is eligible to be designated as a nonprofit corporation under 501(c)(3) by the United States Internal Revenue Service.” This includes the BFVD. However, the statute limits volunteer liability, and a volunteer firefighter is subject to suit where he is accused of negligently operating an automobile. Based on the Estate’s allegations, Poppenheimer is subject to suit under section 95-9-1(3)(b). Issue 2: Negligence Poppenheimer argues that the Estate failed to present any evidence of negligence. To prove negligence, a plaintiff must show duty, breach of duty, causation, and damages. Just because a person may be driving on a through highway with the lawful right-of-way to proceed through an intersection with another road where there are located stop signs, does not mean that person may approach and enter the intersection with impunity and without exercising caution. Therefore, whether Poppenheimer, Coyle, or both caused the accident is a jury issue.


    Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court