Johnson, et al. v. City of Cleveland
| Docket Number: | 2001-CA-01687-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 05-29-2003 Opinion Author: Carlson, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Wrongful death - Conflicting testimony Judge(s) Concurring: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz and Graves, JJ. Judge(s) Concurring Separately: McRAE, P.J. Dissenting Author : Easley, J. Concurs in Result Only: McRae, P.J., Concurs in Result Only With Separate Written Opinion Procedural History: Summary Judgment Nature of the Case: CIVIL - WRONGFUL DEATH |
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| Trial Court: |
Date of Trial Judgment: 10-02-2001 Appealed from: Bolivar County Circuit Court Judge: Al Smith Disposition: Granted summary judgment in favor of the Appellee. Case Number: 98-0053 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Freddie Lee Johnson, Individually and on Behalf of the Heirs at Law and Wrongful Death Beneficiaries of Tommie Lee Johnson, Jr., Deceased |
ELLIS TURNAGE |
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| Appellee: | City of Cleveland | GERALD H. JACKS |
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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: | Wrongful death - Conflicting testimony |
| Summary of the Facts: | Freddie Johnson, individually and on behalf of the wrongful death beneficiaries of Tommie Johnson, Jr., filed a wrongful death action against the City of Cleveland when Tommie Johnson was killed in an accident involving the City's patrol car. The City filed a motion for summary judgment which the court granted. Johnson appeals. |
| Summary of Opinion Analysis: | Critical factual disputes preclude summary judgment in this case. The officer involved in the accident made conclusory statements during his deposition that his blue lights were activated. However, conflicting testimony clearly disputes his testimony. This conflicting testimony created a material factual dispute that must be resolved by the trier of fact, but only after a full evidentiary hearing by way of a bench trial. |
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