Dotts v. Pat Harrison Waterway Dist.
| Docket Number: | 2004-CA-02279-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-27-2006 Opinion Author: KING, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Wrongful death - Tort Claims Act - Discretionary function - Section 11-46-9 - Dangerous condition Judge(s) Concurring: LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES AND ISHEE, JJ. Non Participating Judge(s): SOUTHWICK AND ROBERTS, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - WRONGFUL DEATH |
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| Trial Court: |
Date of Trial Judgment: 10-25-2004 Appealed from: Lauderdale County Circuit Court Judge: Robert Bailey Disposition: CIRCUIT COURT FOUND THAT THE PAT HARRISON WATERWAY DISTRICT IS IMMUNE FROM LIABILITY PURSUANT TO THE MTCA. Case Number: 02-CV-150(B) |
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| Party Name: | Attorney Name: | |||
| Appellant: | TERESA T. DOTTS, INDIVIDUALLY AND AS
MOTHER AND PERSONAL REPRESENTATIVE OF
CHRISTOPHER BRAD HOLLY, DECEASED |
DONALD C. DORNAN, JAMES F. STEEL |
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| Appellee: | PAT HARRISON WATERWAY DISTRICT | DAVID L. MARTINDALE |
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| Topic: | Wrongful death - Tort Claims Act - Discretionary function - Section 11-46-9 - Dangerous condition |
| Summary of the Facts: | Teresa Dotts filed a wrongful death action on behalf of herself and all other wrongful death beneficiaries of Christopher Brad Holly against the Pat Harrison Waterway District seeking monetary damages for the death of her son, Holly, who drowned while swimming across the Dunn’s Falls mill pond. The court found that PHWD was immune from liability, and Dotts appeals. |
| Summary of Opinion Analysis: | Issue 1: Discretionary function Because Mississippi has no statutory requirements regarding the operation of swimming facilities, the trial court held that PHWD’s actions concerning the operation of Dunn’s Falls were a discretionary function. When a governmental actor is required to use his own judgment or discretion in performing a duty, that duty is discretionary. However, not all discretionary duties enjoy governmental immunity. Only those functions which are by nature policy decisions, whether made at the operational or planning level, are protected. In determining whether governmental conduct is discretionary, the court considers whether the activity involves an element of choice or judgment, and if so, whether the choice or judgment involves social, economic, or political policy. The park manager of Dunn’s Falls at the time of Holly’s accident was Raford Williams. He was the only employee on duty that day. Since Williams died before a deposition was taken, the court was not able to determine whether Williams knew that the swimming area had been reconfigured. Since Dotts failed to otherwise prove that Williams did have knowledge of the reconfiguration, it would be unfair to impute that knowledge. Therefore, the court properly found PHWD was not liable. Because the actions of the PHWD were correctly determined to be discretionary, and grounded in social, economic, and political policy, PHWD is immune from liability pursuant to section 11-46-9 (d). Issue 2: Dangerous condition Dotts argues that Holly’s accident was caused by PHWD’s negligence or wrongful conduct in not maintaining the swimming area with buoys, and that Williams knew of the missing buoy in enough time to reconfigure the swimming area before Dotts and her family began to swim there. Dotts failed to prove that the missing buoy was the actual cause of Holly’s death. Further, Dotts failed to prove that Williams or PHWD had actual or constructive notice of the missing back buoy. Thus, the court did not err in determining that PHWD was immune from liability under section 11-46-9 (v). |
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