Kelley v. Grenada County
| Docket Number: | 2002-CA-01265-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-18-2003 Opinion Author: Southwick, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Tort Claims Act - Section 11-46-9(1)(c) - Reckless conduct Judge(s) Concurring: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 06-04-2002 Appealed from: Grenada County Circuit Court Judge: Joseph H. Loper Disposition: MOTION FOR SUMMARY JUDGMENT IN FAVOR OF DEFENDANT GRANTED Case Number: 2000-227CVL |
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| Party Name: | Attorney Name: | |||
| Appellant: | Geneva Kelley and Barry Kelley |
JOHN R. REEVES
CHRISTOPHER PAUL PALMER |
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| Appellee: | Grenada County, Mississippi | JOHN S. HILL HOLLY STUBBLEFIELD MATHEWS |
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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 - Section 11-46-9(1)(c) - Reckless conduct |
| Summary of the Facts: | Barry and Geneva Kelley filed suit against Grenada County for injuries arising from a collision with a vehicle operated by a sheriff's deputy. The court found that the county was entitled to immunity and granted summary judgment. The Kelleys appeal. |
| Summary of Opinion Analysis: | The Kelleys argue that a fact question existed that the officer may have acted in reckless disregard of their safety and was not merely negligent. In order for liability to exist under section 11-46-9(1)(c), there must be reckless and not merely negligent conduct. For an officer to be found reckless, the actions must be wanton or willful which requires knowingly and intentionally doing a thing or wrongful act. No immunity has been found in cases where the law enforcement official has demonstrated an appreciation of the risk of injury and also an intentional disregard of this risk. Here, the deputy was not speeding and was responding to a call from a fellow officer. He did not sound his siren because he did not want there to be any accidents resulting from motorists coming to an abrupt stop. Though failing to anticipate that another vehicle might be pulling out from the blind spot in front of the truck in front of him, his decision to steer around that turning truck showed negligence but did not exhibit a wilful or wanton disregard for the safety of others. |
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