City of Ridgeland, et al. v. Fowler
| Docket Number: | 2000-IA-01470-SCT Linked Case(s): 2000-IA-01470-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 02-13-2003 Opinion Author: Smith, P.J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Tort Claims Act - Jurisdiction Judge(s) Concurring: Pittman, C.J., Waller, Cobb and Carlson, JJ. Dissenting Author : Easley, J. Dissenting Author : McRae, P.J. Dissent Joined By : Diaz, J. Easley, J., Joins in Part. Concurs in Result Only: Graves, J. Procedural History: Interlocutory Appeal Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 08-11-2000 Appealed from: Madison County Chancery Court Judge: Gail Shaw-Pierson Disposition: The chancellor denied a Motion to Dismiss or In the Alternative to Transfer Case to Circuit Court. |
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| Note: | This interlocutory appeal by the City of Ridgeland presents to this Court the sole question of whether the chancery court has subject matter jurisdiction over a lawsuit brought under the Mississippi Tort Claims Act, Miss. Code Ann. §§ 11-46-1 to -23 (Rev. 2002). | |
| Party Name: | Attorney Name: | |||
| Appellant: | The City of Ridgeland, Mississippi, City of Ridgeland Police Department, Police Chief Charles Newell and Donald Martin |
FORREST W. STRINGFELLOW |
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| Appellee: | Donald Fowler, Glenda Fowler, Individually and as Mother and Next Friend of Karen Ross Fowler | VICKI ROBINSON SLATER EDWARD BLACKMON, JR. TRENT L. WALKER |
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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: | Tort Claims Act - Jurisdiction |
| Summary of the Facts: | The parents of Karen Fowler, Donald and Glenda Fowler, filed suit in chancery court against the City of Ridgeland, City of Ridgeland Police Department, Police Chief Charles Newell and Donald Martin on behalf of themselves and their daughter seeking remedies in equity and at law. The City of Ridgeland filed a motion to dismiss or in the alternative to transfer the case to circuit court, which the city maintains is the court of proper jurisdiction for a tort claims case. The chancellor denied the motion, and the City moved for interlocutory appeal. The Supreme Court granted the City’s motion. |
| Summary of Opinion Analysis: | The question of which court has proper jurisdiction of a tort claims case was settled in Lawrence County School District v. Brister, 823 So. 2d 459 (Miss. 2001), where the Court held that circuit court was the appropriate venue for negligence actions. If doubts arise as to the jurisdiction of the chancery court, and whether a claim is legal or equitable, the doubts should be decided in favor of transfer to circuit court. The Fowlers use allegations of the necessity of an accounting and requests for a temporary restraining order and injunctive relief as a means of support for chancery jurisdiction. The injunction argument had to be abandoned which leaves the Fowlers clinging to the sole claim that an accounting is necessary. As far as the accounting claim is concerned, any accounting which might be required is easily developed during discovery in circuit court. Circuit court is the proper court for a tort claims act case. |
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