Estate of Williams, et al. v. City of Jackson
| Docket Number: | 2002-CA-00275-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 05-08-2003 Opinion Author: Diaz, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Wrongful death - Tort Claims Act - Criminal activity - Section 11-46-9(1)(c) - Reckless disregard Judge(s) Concurring: Pittman, C.J., Smith, P.J., Waller, Cobb, Easley, Carlson and Graves, JJ. Dissenting Author : McRae, P.J. Procedural History: Summary Judgment Nature of the Case: CIVIL - WRONGFUL DEATH |
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| Trial Court: |
Date of Trial Judgment: 12-20-2001 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: The court granted summary judgment in favor of the City. Case Number: 251-99-810CIV |
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| Party Name: | Attorney Name: | |||
| Appellant: | Estate of James Stanley Williams, By and Through Its Administratrix, Eloise Williams and Sherrie Chantel Walker, By and Through Her Mother, Next Friend and Guardian, Mary A. Walker |
JOHN DOYLE MOORE |
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| Appellee: | City of Jackson Mississippi | J. ANTHONY WILLIAMS |
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| Topic: | Wrongful death - Tort Claims Act - Criminal activity - Section 11-46-9(1)(c) - Reckless disregard |
| Summary of the Facts: | The Estate of James Williams, through its administratrix, Eloise Williams, and Sherrie Walker, through her mother, Mary Walker, filed suit against the City of Jackson seeking damages for the wrongful death of Williams, alleging that Jackson City firefighters acted with reckless disregard for the safety of Williams and others when one of the fire engines collided with Williams’s vehicle at an intersection while en route to a fire. The plaintiffs filed a motion for declaratory judgment which was denied. The City moved for summary judgment, and the court granted the motion. The plaintiffs appeal. |
| Summary of Opinion Analysis: | Issue 1: Criminal activity Section 11-46-9(1)(c) provides that a governmental entity shall not be 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 disregard of the safety and well-being of any person not engaged in criminal activity at the same time of the injury. Williams’s blood alcohol content was .20%, two times over the limit allowed under the law of Mississippi, at the time of the accident. Driving under the influence is criminal activity under 63-11-30. Therefore, Williams was engaged in criminal activity within the meaning of section 11-46-9(1)(c) at the time of the accident. In order for recovery from a governmental entity to be barred because of the victim's criminal activity, the criminal activity has to have some causal nexus to the wrongdoing of the tortfeasor. Williams either stopped in the middle of the intersection or tried to beat the fire truck through the intersection and failed. Either of these were poor decisions likely induced by Williams’s intoxication. Therefore, there is a clear nexus between the criminal activity of Williams and the injury suffered by him. Issue 2: Reckless disregard The plaintiffs argue that, despite Williams’s negligence, they should still be allowed to recover if the City acted in reckless disregard for the safety and well-being of other motorists. The Legislature decided to limit the recovery rights of individuals injured while committing criminal acts. In addition, there is no credible evidence that the City and its employees acted with reckless disregard for the safety of Williams or anyone else. |
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