Tillman v. Singletary
| Docket Number: | 1999-CT-00686-SCT Linked Case(s): 1999-CA-00686-COA |
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| Supreme Court: | Opinion Link Opinion Date: 11-13-2003 Opinion Author: Waller, J. Holding: Affirmed in Part; Reversed and Remanded in Part |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-20-2001 Opinion Author: King, P.J. Holding: Affirmed in part; Reversed and Remanded in part |
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| Additional Case Information: |
Topic: Personal injury - Unavoidable accident instructions - Negligent supervision instruction - Negligent entrustment - Punitive damages Judge(s) Concurring: Pittman, C.J., Easley and Carlson, JJ. Non Participating Judge(s): Diaz, J. Concur in Part, Dissent in Part 1: Graves, J., Concurs in Part and Dissents in Part Without Separate Written Opinion Procedural History: Directed Verdict/Jury Trial Nature of the Case: CIVIL - PERSONAL INJURY Writ of Certiorari: yes Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 08-17-1998 Appealed from: Harrison County Circuit Court Judge: Jerry O. Terry, Sr. Disposition: DIRECTED VERDICT AND JURY VERDICT FOR DEFENDANTS Case Number: 970008 |
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| Note: | The Supreme Court affirmed in part and reverse in part the Court of Appeals' judgment. The Supreme Court affirmed the circuit court's grant of directed verdicts on the issues of negligent entrustment and punitive damages, and reversed the circuit court's judgment and remanded for a new trial consistent. The original Court of Appeals opinion can be found at http://courts.ms.gov/Images/Opinions/Conv10190.pdf . | |
| Party Name: | Attorney Name: | |||
| Appellant: | Stephanie Tillman, a Minor, by and Through her Legal Guardian, Theresa Migues |
ROBERT H. TYLER
MICHAEL E. BRUFFEY |
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| Appellee: | David Singletary and Stacy Powe | BRITT R. SINGLETARY TINA ROSE SINGLETARY |
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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 - Unavoidable accident instructions - Negligent supervision instruction - Negligent entrustment - Punitive damages |
| Summary of the Facts: | While Singletary and Powe were boating in Singletary's 115-horsepower motorboat, the boat careened into the roped-off swimming area of a private lot where it hit twelve-year-old Stephanie Tillman. Tillman sued Powe and Singletary for negligence in the operation of the boat and Singletary for negligent entrustment of his boat to Powe. The court rendered a directed verdict in favor of Singletary on the issue of negligent entrustment and in favor of both defendants on the issue of punitive damages. The jury returned a verdict for both defendants, finding that neither defendant was negligent under the given instructions. The Court of Appeals found that giving Powe an unavoidable accident instruction was reversible error, affirmed the directed verdict for boat-owner Singletary on the issues of negligent entrustment and punitive damages, and held that Singletary could not be liable for negligent supervision. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | Issue 1: Unavoidable accident instructions An unavoidable accident instruction should be used only where the evidence presented was one of negligence and not an unavoidable accident. Here, the accident was avoidable. Powe was guilty of negligence because he was going too fast under the circumstances (a bend in the river, other boat traffic, and people on jet skis), he did not have the boat under proper control, and he was operating the boat without using the kill switch. Issue 2: Negligent supervision instruction A person conducting an activity through servants or other agents is subject to liability for harm resulting from his conduct if he is negligent or reckless in giving improper or ambiguous orders or in failing to make proper regulations; or in the employment of improper persons or instrumentalities in work involving risk or harm to others; in the supervision of the activity; or in permitting, or failing to prevent, negligent or other tortious conduct by persons, whether or not his servants or agents, upon premises or with instrumentalities under his control. Here, there was a sufficient basis for the granting of plaintiff's negligent supervision instruction. Singletary was a more experienced boater, and he advised Powe how to go around the lead boat. Issue 3: Negligent entrustment One who supplies directly or through a third person a chattel for use of another whom the supplier knows or has reason to know to be likely because of his youth, inexperience, or otherwise, to use it in a manner involving unreasonable risk of physical harm to himself and others is subject to liability for physical harm resulting to them. Evidence supporting the court's denial of the instruction was the fact that Powe had prior boating experience, and no evidence was submitted which showed that Singletary had knowledge that Powe's knee could buckle under. Issue 4: Punitive damages Punitive damages may be recovered for willful and intentional wrong and for such gross and reckless negligence as is equivalent to willful wrong. Here, the basis for punitive damages is the testimony of a single witness, who said that she got no closer than thirty-five feet to Singletary, that Singletary was staggering and red-eyed and appeared drunk after the accident. Therefore, the court did not abuse its discretion in directing a verdict for Singletary on the issue of punitive damages. |
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