Hodges v. Attala County
| Docket Number: | 2009-CA-00619-COA | |
| Oral Argument: | 03-31-2010 | |
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| Court of Appeals: |
Opinion Link Opinion Date: 08-17-2010 Opinion Author: Barnes, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Wrongful death - Tort Claims Act - Negligent acts of independent contractor Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts, Carlton and Maxwell, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - WRONGFUL DEATH |
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| Trial Court: |
Date of Trial Judgment: 03-16-2009 Appealed from: Attala County Circuit Court Judge: Lee J. Howard Disposition: SUMMARY JUDGMENT GRANTED FOR ATTALA COUNTY Case Number: 08-0076-CV-M |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Jeffrey B. Hodges, Avis H. Hodges, and Brittanie H. Burrell |
VICKI ROBINSON SLATER, WILLIAM B. KIRKSEY |
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| Appellee: | Attala County, Mississippi | DANIEL JUDSON GRIFFITH, SAYWARD ELY FORTNER | ||
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| Topic: | Wrongful death - Tort Claims Act - Negligent acts of independent contractor |
| Summary of the Facts: | Jeffrey Hodges Jr. died when his vehicle crashed into a box culvert at a construction site on Attala County Road. His survivors, Jeffrey Hodges, Avis Hodges, and Brittanie Burrell, filed a complaint contending that warning signs/barriers were missing and that Ausbern Construction Company, Inc. and Attala County were liable for failure to warn or protect against a known dangerous condition. The circuit court granted summary judgment for Attala County. The survivors appeal. |
| Summary of Opinion Analysis: | Ausbern was an independent contractor for Attala County, a fact that the Survivors do not contest. A “Supplement to Traffic Control Plan” was incorporated by reference into the contract and referenced the duties of the County’s engineer. Generally, a principal has no vicarious liability for the torts committed by the independent contractor or its employees in the performance of the contract. Furthermore, the Mississippi Tort Claims Act provides that governmental entities are immune to suits arising from the negligent acts of an independent contractor. The Survivors argue that the County maintained control over the safety aspect of the work and, thus, is liable for the wrongful death of Hodges. It is undisputed that the standardized contract between Attala County and Ausbern placed the responsibility to maintain all traffic barriers and warnings on Ausbern. Attala County conducted weekly inspections at the construction site, and according to the reports and Gardner’s affidavit, any problems with the construction signs/barricades were immediately reported to Ausbern. The additional oversight responsibilities imposed by the Supplement did not create a legal duty in Attala County to maintain the safety barriers. In addition, there is no public-policy argument that would warrant the imposition of liability on Attala County. |
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