Bryant v. Bd. of Supervisors of Rankin County


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Docket Number: 2007-CA-01644-COA
Linked Case(s): 2007-CA-01644-COA ; 2007-CT-01644-SCT

Court of Appeals: Opinion Link
Opinion Date: 09-30-2008
Opinion Author: Myers, P.J.
Holding: Affirmed

Additional Case Information: Topic: Personal injury - Tort Claims Act - Dangerous condition - Section 11-46-9(1)(v) - Removal of obstructions - Section 65-7-7 - Inspection of road - Section 65-7-117
Judge(s) Concurring: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Ishee, Roberts, and Carlton, JJ.
Concur in Part, Concur in Result 1: Barnes, J.
Procedural History: Summary Judgment
Nature of the Case: CIVIL - PERSONAL INJURY

Trial Court: Date of Trial Judgment: 08-16-2007
Appealed from: RANKIN COUNTY CIRCUIT COURT
Judge: Samac Richardson
Disposition: DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT GRANTED
Case Number: 2006-0004R

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: LISA BRYANT AND JIMMY D. BRYANT




JAMES A. BOBO



 

Appellee: BOARD OF SUPERVISORS OF RANKIN COUNTY, MISSISSIPPI AND RANKIN COUNTY, MISSISSIPPI EDWARD J. CURRIE, JEREMY TRISTAN HUTTO  

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Topic: Personal injury - Tort Claims Act - Dangerous condition - Section 11-46-9(1)(v) - Removal of obstructions - Section 65-7-7 - Inspection of road - Section 65-7-117

Summary of the Facts: Lisa Bryant and Jimmy Bryant filed a complaint against Doris Jones, Wallace Jones, and Janice Jones, seeking to recover damages for injuries suffered by Bryant in an automobile accident when she hit a brick and mortar mailbox located on the shoulder of the road. The Rankin County Board of Supervisors was initially added as a defendant, but it was voluntarily dismissed without prejudice. Shortly thereafter, the Bryants filed a separate complaint against the Board of Supervisors seeking to recover damages suffered by Bryant in the same accident. The cases were subsequently consolidated. The trial court entered summary judgment for the Board of Supervisors. Bryant appeals.

Summary of Opinion Analysis: Issue 1: Dangerous condition Bryant argues that the Board of Supervisors created a dangerous condition which would bring the Board of Supervisors out from the protective shield of the Tort Claims Act. In order to state a cause of action under the dangerous condition exemption of section 11-46-9(1)(v), a plaintiff must show: a dangerous condition, on the government entity’s property, which the government entity caused, or of which it had notice, either actual or constructive, and time to protect or warn against, and that the condition was not open and obvious. The Board of Supervisors argued that the mailbox was not located on county property. Viewing the evidence in the light most favorable to the Bryants, the trial court was correct in granting summary judgment on this issue. The Bryants provided surveys, reports, and affidavits regarding ownership of the property. This evidence never established that Rankin County owned the property where the mailbox was located. The evidence only asserted that Jones did not own the property. On the other hand, the Board of Supervisors provided a title opinion stating that Rankin County never owned the property and an affidavit of the county engineer stating that Monterey Road is not a state-aid road. Issue 2: Removal of obstructions Bryant argues that the Board of Supervisors breached its statutory duty under section 65-7-7 which talks about removal of obstructions from the road. However, the obstruction must prevent passage on the road for this section to be applicable. The record clearly shows Jones’ mailbox was not an obstruction under section 65-7-7. The mailbox did not impede or prevent motorists from traveling on the road. Moreover, the mailbox was in place for ten years before Bryant’s collision with it. Bryant also argues the Board of Supervisors breached their statutory duty to inspect every road, bridge, and ferry in each district under section 65-7-117. The road manager stated in an affidavit that the Rankin County Road Management Department (Road Management Department) maintains Monterey Road, which would inferably include an inspection of the road, and it reports to the findings to the Board of Supervisors. By the Road Management Department conducting an inspection of Monterey Road as an agent for the Board of Supervisors, this satisfies the Board of Supervisor’s statutory duty.


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