City of Jackson v. Brister, et al.
| Docket Number: | 2001-CA-01393-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 02-20-2003 Opinion Author: Smith, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Tort Claims Act - Section 11-46-9(1)(c) - Reckless disregard Judge(s) Concurring: Pittman, C.J., McRae, P.J., Cobb, Diaz and Carlson, JJ. Non Participating Judge(s): Waller and Graves, JJ. Dissenting Author : Easley, J. Procedural History: Bench Trial Nature of the Case: CIVIL - WRONGFUL DEATH |
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| Trial Court: |
Date of Trial Judgment: 07-26-2001 Appealed from: Hinds County Circuit Court Judge: James E. Graves, Jr. Disposition: Following a bench trial, the trial court issued its opinion and order. The trial judge determined that the officers acted with reckless disregard and allocated 50% liability to Slater and 50% liability to the City for the collision between Slater’s and Boyll’s vehicles. The 2 On September 13, 2001, a final judgment of dismissal with prejudice was signed by the trial court judge and the parties. The order indicated that all the Estate’s claims against Slater were fully settled. 3 trial court determined that the Estate was entitled to $1,000,000 to be paid jointly and severally among the defendants. However, the trial court noted that an insurance carrier had paid $10,000 on Slater’s behalf. The trial court therefore, reduced the judgment against the City to $250,000 or the limits of the liability insurance of the City, whichever was greater. Case Number: 251-00-259CIV |
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| Party Name: | Attorney Name: | |||
| Appellant: | City of Jackson, Mississippi |
HILTON RAY MILLER |
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| Appellee: | Rebecca F. Brister, Executrix of the Estate of Jamie Fowler Boyll, Deceased; and Guy L. Boyll, III, and Jill Fowler Boyll, Heirs at Law of Jamie Fowler Boyll, Deceased | DALE DANKS, JR. PIETER JOHN TEEUWISSEN |
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| Topic: | Tort Claims Act - Section 11-46-9(1)(c) - Reckless disregard |
| Summary of the Facts: | While fleeing from the police after she allegedly attempted to pass a forged check at a bank, Elizabeth Slater’s vehicle crashed into the side of Jamie Boyll’s vehicle. Boyll eventually died from his injuries. Rebecca Brister, executrix of the estate of Boyll, and Guy Boyll, III, and Jill Boyll, heirs at law of Boyll, sent notice to the City of Jackson pursuant to the Mississippi Tort Claims Act and also filed a negligence and wrongful death complaint against Slater and Brenda Dykes. The Estate later filed an amended complaint adding as defendants the City and four police officers in their individual and official capacities, Corey Watson; Loris Taylor; Robbie Huff; and Milton McFarland. The court dismissed Dykes with prejudice and dismissed the officers as to liability in their individual capacities. Following a bench trial, the court determined that the officers acted with reckless disregard and allocated 50% liability to Slater and 50% liability to the City. The court determined that the Estate was entitled to $1,000,000 to be paid jointly and severally among the defendants, but reduced judgment against the City to $250,000 or the limits of the liability insurance of the City, whichever was greater. The City appeals. |
| Summary of Opinion Analysis: | Section 11-46-9(1)(c) of the Tort Claims Act provides immunity to government entities and employees that act within the course and scope of employment duties unless the employee acted in reckless disregard of the safety and well-being of any person not engaged in criminal activity at the time of the injury. The City argue that the acts of the police did not rise to the level of reckless disregard, because the police officers were responding to a 911 emergency call with their blue lights and sirens running, none of the police cars collided with Boyll or Slater, and the chase lasted less than 60 seconds over a distance of less than a mile. The facts in this case show that the officers acted with recklessness and disregard for the safety of others. One of the officers was a training officer who knew better than to allow the actions which occurred. The officers could have blocked Slater’s vehicle in at the bank parking lot, but they did not. They could have easily written down the tag number there instead of attempting such in a hot pursuit chase. They violated established police department policy which requires that a pursuit may only be initiated when the officer knows that a felony has been committed and the officer has probable cause to believe that the individual who committed the felony and the suspect’s escape is more dangerous to the community than the risk posed by the pursuit. The pursuit route was heavily populated and the suspect was traveling at times in excess of 70 or 80 miles per hour. It is evident the officers never should have initiated the high speed chase, much less continued it right up to the time of the collision. Factors to consider in determining whether a police chase constitutes reckless disregard include length of chase; type of neighborhood; characteristics of the streets; presence of vehicular or pedestrian traffic; weather conditions and visibility; and seriousness of the offense for which the police are pursuing the vehicle. The court clearly considered these factors, and the evidence supports its ruling. |
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