Lippincott v. Miss. Bureau of Narcotics
| Docket Number: | 2001-CA-01702-COA Linked Case(s): 2001-CT-01702-SCT ; 2001-CT-01702-SCT ; 2001-CA-01702-COA ; 2001-CT-01702-SCT ; 2001-CT-01702-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 04-08-2003 Opinion Author: SOUTHWICK, J., Holding: Affirmed |
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| Additional Case Information: |
Topic: Breach of contract - Duty of good faith and fair dealing - Tort Claims Act - Section 11-46-9(c) Judge(s) Concurring: McMillin, C.J., Irving and Griffis, JJ. Non Participating Judge(s): Lee and Chandler, JJ. Dissenting Author : Myers, J. Dissent Joined By : King, P.J., Bridges and Thomas, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - CONTRACT |
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| Trial Court: |
Date of Trial Judgment: 10-08-2001 Appealed from: Clay County Circuit Court Judge: Lee J. Howard Disposition: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT GRANTED. Case Number: 2000-58 |
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| Party Name: | Attorney Name: | |||
| Appellant: | PATRICK LIPPINCOTT |
JIM WAIDE |
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| Appellee: | MISSISSIPPI BUREAU OF NARCOTICS | KATHERINE S. KERBY |
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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: | Breach of contract - Duty of good faith and fair dealing - Tort Claims Act - Section 11-46-9(c) |
| Summary of the Facts: | Patrick Lippincott brought suit against the Mississippi Bureau of Narcotics for injuries suffered while assisting in an undercover drug buy, alleging a breach of contract and negligence. The Bureau filed a motion for summary judgment which the court granted. Lippincott appeals. |
| Summary of Opinion Analysis: | Issue 1: Breach of contract Lippincott argues that his written agreement with the Bureau contained two implied clauses: to act pursuant to the implied duty of good faith and fair dealing and to provide a safe work environment. The Supreme Court has never recognized a cause of action based on a duty of good faith and fair dealing arising from an employment at-will relationship. The breach of good faith is bad faith characterized by some conduct which violates standards of decency, fairness or reasonableness. Bad faith implies some conscious wrongdoing because of dishonest purpose or moral obliquity. Here, Lippincott does not claim the Bureau acted with dishonest purpose or moral obliquity, but claims the agency made a series of bad choices. This is insufficient on its face to constitute a breach of an implied covenant of good faith and fair dealing. Issue 2: Tort claim Under section 11-46-9(c), a governmental entity and its employees are not liable for any claim arising out of any act or omission of an employee of a governmental entity engaged in the performance or execution of duties or activities relating to police or fire protection unless the employee acted in reckless disregard of the safety and well-being of any person not engaged in criminal activity at the time the injury occurred. Reckless disregard is willful or wanton conduct, i.e., a wrongful act that is knowing and intentional. Lippincott cannot establish that the Bureau acted with reckless disregard for his safety and cannot prove knowingly or intentionally wrongful acts. |
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