Jackson v. Payne, et al.
| Docket Number: | 2005-CA-00291-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 02-21-2006 Opinion Author: Myers, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Tort Claims Act - Section 19-25-19 - Section 11-46-9(1) - Constitutionality of act - M.R.C.P. 24(d) Judge(s) Concurring: King, C.J., Lee, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 01-12-2005 Appealed from: Harrison County Circuit Court Judge: Jerry O. Terry, Sr. Disposition: SUMMARY JUDGMENT BASED ON SOVEREIGN IMMUNITY Case Number: 2003-226 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Iris S. Jackson |
CHESTER D. NICHOLSON
GAIL D. NICHOLSON |
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| Appellee: | George Payne, in His Official Capacity as the Sheriff of Harrison County, Mississippi, and The Board of Supervisors for Harrison County, Mississippi | BOBBY R. LONG CY FANECA KAREN J. YOUNG |
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| Topic: | Personal injury - Tort Claims Act - Section 19-25-19 - Section 11-46-9(1) - Constitutionality of act - M.R.C.P. 24(d) |
| Summary of the Facts: | Iris Jackson was injured when Sean O’Neill, a deputy driving a sheriff’s department vehicle, struck her vehicle in the rear. Jackson filed a complaint in the County Court of Harrison County against both the Harrison County Sheriff George Payne and the Harrison County Board of Supervisors. Jackson filed an amended complaint, which included pleading that O’Neill’s acts were reckless and a disregard for the rights of citizens. The court granted summary judgment and the case was dismissed. Jackson appealed to circuit court which affirmed. Jackson appeals. |
| Summary of Opinion Analysis: | Jackson argues that section 19-25-19 states that the sheriff is liable for all tortious acts of his deputies under any circumstances and that this code section is a waiver of immunity by the sheriff and therefore the Tort Claims Act is not applicable. Section 11-46-9(1) states that any governmental entity and its employees who are acting within the scope of their employment are not liable for any claim unless the employee acted in reckless disregard of the safety and well-being of any person. Jackson admitted in her pleadings that O’Neill was acting in the scope of his employment. Therefore, by reading the Tort Claims Act in accordance with section 19-25-19, the sheriff is only liable for his deputies when their actions arise to reckless disregard of safety. Jackson must show more than mere negligence to establish reckless disregard. There is no indication that O’Neill acted with deliberate disregard for the safety of others. Jackson also argues that the Tort Claims Act violates the due process clause of the Fourteenth Amendment of the Mississippi Constitution. However, Jackson did not plead this constitutional issue or argue it in the lower court. Errors raised for the first time on appeal will not be considered, especially where constitutional questions are concerned. Furthermore M.R.C.P. 24(d) requires proper notice to be given to the Attorney General when the constitutionality of a statute is challenged in order to give him the opportunity to intervene. |
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