Cole, et al. v. MDPS, et al.
| Docket Number: | 2005-CA-00606-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-30-2006 Opinion Author: BARNES, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Tort Claims Act - Reckless disregard Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., SOUTHWICK, IRVING, CHANDLER, GRIFFIS, ISHEE AND ROBERTS, JJ. Procedural History: Bench Trial Nature of the Case: Negligence |
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| Trial Court: |
Date of Trial Judgment: 03-16-2005 Appealed from: Jackson County Circuit Court Judge: Kathy King Jackson Disposition: JUDGMENT IN FAVOR OF DEFENDANTS AFTER TRIAL Case Number: CI-200-00,267(3) |
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| Party Name: | Attorney Name: | |||
| Appellant: | MARY C. COLE, INDIVIDUALLY, AND ROBIN
SMITH, INDIVIDUALLY, AND AS
PARENT/GUARDIAN OF PAITYN SMITH, A
MINOR |
JACK LUCIAN DENTON, WILLIAM C. WALKER |
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| Appellee: | MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY AND MICHAEL SANTA CRUZ | JAMES H. HEIDELBERG |
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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 |
| Summary of the Facts: | Mary Cole, individually, and Robin Smith, individually and as the parent/guardian of Paityn Smith, brought suit against the Mississippi Department of Public Safety and Officer Michael Santa Cruz. They alleged that Officer Santa Cruz, while pursuing a vehicle in his patrol car, collided with their vehicle at a busy intersection, proximately causing their injuries. The court entered a judgment in favor of the defendants, and the plaintiffs appeal. |
| Summary of Opinion Analysis: | The plaintiffs argue that the following conduct on the part of Officer Santa Cruz constituted reckless disregard: operating his police car without a siren, proceeding through a red light, through a very busy intersection, when he knew he could not see the traffic crossing the intersection with the green light, traveling at forty to forty-five miles per hour, knowing he did not know if he could stop, intending not to stop unless he saw a vehicle crossing on the green light, and without applying his brakes until after he saw the Cole vehicle crossing with the green light which vehicle was then thirty to thirty-three feet in front of him. Several of these assertions are controverted by the evidence introduced at trial, and the assertions which are undisputed are inadequate to garner reversal when compared with the other evidence introduced at trial. The officer’s actions clearly did not manifest an entire abandonment of any care or heedless indifference to results which may follow. Rather, he took specific steps in an attempt to safeguard other vehicles which may have entered the intersection. |
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