Warren v. Glascoe
| Docket Number: | 2001-CT-01368-SCT Linked Case(s): 2001-CA-01368-COA ; 2001-CT-01368-SCT ; 2001-CT-01368-SCT ; 2001-CT-01368-SCT ; 2001-CA-01368-COA |
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| Supreme Court: | Opinion Link Opinion Date: 07-01-2004 Opinion Author: Cobb, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Negligent supervision - Section 63-1-21 Judge(s) Concurring: Smith, C.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Non Participating Judge(s): Waller, P.J., and Diaz, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY Writ of Certiorari: Granted Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 08-07-2001 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: SUMMARY JUDGMENT DISMISSAL IN FAVOR OF DEFENDANTS Case Number: 251-99-347CIV |
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| Party Name: | Attorney Name: | |||
| Appellant: | Lincoln E. Warren, Sr., by Lincoln E. Warren, Jr., Conservator |
BILL WALLER, SR. |
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| Appellee: | Jack L. Glascoe and Margaret C. Glascoe | JOSHUA J. WIENER WILLIAM W. McKINLEY, JR. |
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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: | Personal injury - Negligent supervision - Section 63-1-21 |
| Summary of the Facts: | Lincoln Warren, Sr. was injured by a car driven by Daniel Shields, the 15-year-old grandson of Jack and Margaret Glascoe. Shields was driving his grandfather’s car under a learner’s permit at the time of the accident. Warren filed suit alleging that the Glascoes were liable for his injuries on the grounds of negligent entrustment, negligent supervision, and vicarious liability. The circuit court granted summary judgment in favor of the Glascoes. On appeal, the Court of Appeals affirmed. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | Warren argues that the Glascoes’ duty to supervise Daniel in his operation of the automobile arose from section 63-1-21. Although the statute in effect in 1998 when the accident occurred does not explicitly require the licensed driver to supervise the permittee, Warren argues that it is the implicit intent of the Mississippi Legislature in requiring a co-driver who is over the age of twenty-one to assure that there is a co-driver with sufficient skill and maturity to properly supervise the beginning driver. The requirement of section 63-1-21, that a licensed driver at least twenty-one years of age accompany and be seated beside the driver, does not explicitly impose any duty on the licensed driver, nor is the requirement intended to make the licensed driver vicariously liable for the negligent acts of the minor. Based on the plain language of section 63-1-21 as it existed at the time of the accident, the court properly granted summary judgment. |
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