Reeves, et al. v. Miss. Dep't of Transp.
| Docket Number: | 2005-CA-00814-COA | |
| Oral Argument: | 09-14-2006 | |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-07-2006 Opinion Author: ISHEE, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Tort Claims Act - Section 11-46-9(1) (v) and (w) - Notice of dangerous condition Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., SOUTHWICK, IRVING, CHANDLER, GRIFFIS, AND BARNES, JJ. Non Participating Judge(s): ROBERTS, J. Procedural History: Bench Trial Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 03-17-2005 Appealed from: Clarke County Circuit Court Judge: Robert Bailey Disposition: CIRCUIT COURT FOUND MDOT TO BE IMMUNE FROM SUIT. Case Number: 2001-136(B) |
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| Party Name: | Attorney Name: | |||
| Appellant: | KIMBERLY A. REEVES, INDIVIDUALLY AND ON
BEHALF OF THE WRONGFUL DEATH
BENEFICIARIES AND SURVIVORS OF
ALEXANDRA REEVES; KIMBERLY A. REEVES,
NATURAL GUARDIAN AND PARENT OF MORGAN
REEVES; ALEX SHANKS, JR., INDIVIDUALLY AND
ON BEHALF OF THE WRONGFUL DEATH
BENEFICIARIES AND SURVIVORS OF ALEX
SHANKS |
PAUL ANDERSON KOERBER |
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| Appellee: | MISSISSIPPI DEPARTMENT OF TRANSPORTATION | EUGENE M. HARLOW |
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| Topic: | Personal injury - Tort Claims Act - Section 11-46-9(1) (v) and (w) - Notice of dangerous condition |
| Summary of the Facts: | Kimberly Reeves, Jerry Reeves, and Alex Shanks, Jr. filed a wrongful death and personal injury action against the Mississippi Department of Transportation. The court found that MDOT was immune from liability. The plaintiffs appeal. |
| Summary of Opinion Analysis: | The plaintiffs argue that the court erred in finding that the MDOT was immune from liability. The plaintiffs cite the sheriff’s testimony that, prior to the accident, he knew that the subject intersection posed an unreasonable danger to motorists and that additional warning devices would have made the intersection safe and that more than a month prior to the accident, he voiced his concerns about the intersection to the MDOT. Pursuant to section 11-46-9(1) (v) and (w), whether the MDOT is immune from liability depends upon whether the MDOT had actual or constructive notice that there was a dangerous condition at the subject intersection. In light of testimony from MDOT officials as well as the fact that the dispatch records did not reflect any calls from the Clarke County Sheriff’s Office to the MDOT, credible evidence supports the trial court’s finding that the plaintiffs failed to prove that the MDOT had notice of a dangerous condition. |
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