Lee County, et al. v. Davis
| Docket Number: | 2001-IA-00636-SCT Linked Case(s): 2001-IA-00636-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 01-09-2003 Opinion Author: Waller, J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Tort Claims Act - 911 services - Section 11-46-9(1)(c) - Section 19-5-303(n) - Reckless disregard Judge(s) Concurring: Pittman, C.J., Smith, P.J., Cobb, Easley and Carlson, JJ. Dissenting Author : McRae, P.J., and Graves, J. Concurs in Result Only: Diaz, J. Procedural History: Interlocutory Appeal Nature of the Case: CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE |
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| Trial Court: |
Date of Trial Judgment: 03-09-2001 Appealed from: Lee County Circuit Court Judge: Frank Russell Disposition: The trial court denied Lee County's motion to dismiss and motion for a certificate for interlocutory appeal. Case Number: CV99-115(R)L |
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| Note: | Interlocutory appeal | |
| Party Name: | Attorney Name: | |||
| Appellant: | Lee County, Mississippi and Lee County Emergency Communication District |
GREGORY M. HUNSUCKER
WILLIAM M. BEASLEY |
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| Appellee: | Kermit Davis and Nancy Davis | DUNCAN L. LOTT |
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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 - 911 services - Section 11-46-9(1)(c) - Section 19-5-303(n) - Reckless disregard |
| Summary of the Facts: | After their home was burglarized, Kermit and Nancy Davis sued Lee County for damages charging it with negligence and reckless disregard for failing to respond timely to an emergency call about the burglary. Lee County filed a motion to dismiss and motion for a certificate for interlocutory appeal which the trial court denied. The Supreme Court granted an interlocutory appeal. |
| Summary of Opinion Analysis: | The essence of the Davises’ complaint is that the Lee County 911 dispatcher failed to send law enforcement to their home until after their neighbor’s third call. They argue that section 11-46-9(1)(c) of the Tort Claims Act does not expressly refer to 911 services. A plain reading of section 19-5-303(n), which defines a dispatcher as any person engaged in or employed as a telecommunications operator by any public safety, fire or emergency medical agency, indicates that the activities of telecommunicators are covered by the police and fire protection exemption of section 11-46-9(1)(c) which provides an exemption from liability for any claim relating to police or fire protection absent reckless disregard. The reckless disregard exception is not applicable since section 11-46-9(1)(c) requires a reckless disregard for the safety and well-being of any person and does not apply in cases involving only loss of property. Therefore, Lee County and the Lee County Emergency Communication District are immune to the Davises' suit to collect for property damage and loss due to the alleged tardy notification of police. |
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