Hayes v. Univ. of Southern Miss., et al.


<- Return to Search Results


Docket Number: 2004-CA-02277-COA
Linked Case(s): 2004-CA-02277-COA2004-CT-02277-SCT
Oral Argument: 05-10-2006
 

 

* This video is best viewed in the most current version of Google Chrome, Internet Explorer with Windows Media Player plug-in, or Safari (Mac Users).


Court of Appeals: Opinion Link
Opinion Date: 08-22-2006
Opinion Author: GRIFFIS, J.
Holding: Affirmed

Additional Case Information: Topic: Personal injury - Malice - Police protection immunity
Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., SOUTHWICK, IRVING, CHANDLER, BARNES, ISHEE AND ROBERTS, JJ.
Procedural History: Bench Trial
Nature of the Case: CIVIL - PERSONAL INJURY

Trial Court: Date of Trial Judgment: 09-08-2004
Appealed from: Forrest County Circuit Court
Judge: Robert Helfrich
Disposition: AFTER BENCH TRIAL, TRIAL COURT FOUND IN FAVOR OF USM AND DISMISSED THE CLAIMS AGAINST DEFENDANT SOCHA.
Case Number: CI01-0038

  Party Name: Attorney Name:  
Appellant: BEVERLY A. HAYES




BILL WALLER, SR.



 

Appellee: UNIVERSITY OF SOUTHERN MISSISSIPPI AND TED SOCHA RICK NORTON, LEE P. GORE  

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.

Topic: Personal injury - Malice - Police protection immunity

Summary of the Facts: Beverly Hayes brought suit against the University of Southern Mississippi and Ted Socha for personal injuries. Hayes was a student of the Mississippi Police Corps. She was injured during a training combat drill when Socha three her to the mat three times. The court dismissed the claims against Socha and entered judgment in favor of USM. Hayes appeals.

Summary of Opinion Analysis: Issue 1: Malice The court found that Socha was acting within the course and scope of his employment during the two-minute drill, and Hayes argues that Socha was not immune because he acted with malice. Hayes argues that Socha threw her off the mat, causing her head to hit the gym floor and then continued the drill. Whether or not Hayes hit her head on the gym floor and was disoriented was disputed. Given the evidence, the judge did not err in finding Socha did not act with malice. Issue 2: Immunity Hayes argues that it was error for the judge to apply police protection immunity in this case, because the training is too far removed from police protection, and, in the alternative, USM acted with reckless disregard. The Mississippi Police Corps training is an activity relating to police protection. While the students are not police officers while enrolled, a condition of their enrollment is that they will later serve as police officers. The Mississippi Police Corps’s trainers and graduates are certified by the state. The police corps provides local law enforcement with college-educated, specialized, quasi-military trained police officers to assist in protecting against violent crime. Therefore, it is related to police protection. Even though training is covered by the statute, if done with reckless disregard, then USM is not immune. Reckless disregard is a higher standard than gross negligence and embraces willful or wanton conduct which requires knowingly and intentionally doing a thing or wrongful act. In finding reckless disregard, the court must look at the totality of the circumstances of the officer’s conduct. Hayes argues that Socha and USM acted with reckless disregard by throwing her off the mat and continuing the exercise despite the fact that she was disoriented from her head injury. However, there was substantial credible evidence that Socha did not cause her head to hit the gym floor and that she was not disoriented. Additionally, there was evidence that the instructors took safety precautions. Thus, there was substantial credible evidence to support the trial judge’s finding that these actions did not constitute reckless disregard for Hayes’ safety.


Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court