Miss. Dep't of Mental Health v. Shaw
| Docket Number: | 2009-IA-01472-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 10-14-2010 Opinion Author: Dickinson, J. Holding: Reversed and rendered. |
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| Additional Case Information: |
Topic: Personal injury - Tort Claims Act - Discretionary function Judge(s) Concurring: Waller, C.J., Carlson, P.J., Lamar and Pierce, JJ. Dissenting Author : Graves, P.J., Dissents With Separate Written Opinion Dissent Joined By : Randolph, Kitchens and Chandler, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 08-28-2009 Appealed from: Jones County Circuit Court Judge: Billy Joe Landrum Disposition: The trial court denied the agency's motion for summary judgment. Case Number: 2008-2-CV1 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Mississippi Department of Mental Health and Ellisville State School |
WILLIAM GRAHAM |
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| Appellee: | Dakari Ronies Shaw | S. WAYNE EASTERLING, EUGENE COURSEY TULLOS | ||
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 - Tort Claims Act - Discretionary function |
| Summary of the Facts: | The Mississippi Department of Mental Health operates the Ellisville State School, a school for persons who suffer from mental retardation. In 2004, the school’s administration decided to raise funds by operating “Camp Fear” — a Halloween event similar to a haunted house. In 2006, one of Camp Fear’s activities included a cabin in which the participants ran around in the dark with strobe lights randomly robbing them of their night vision. Suddenly, a scary character called “Ring girl” would emerge from a “well” and send the participants fleeing outside onto a dark porch and down dark steps. Staffers with flashlights provided the only light. Dakari Shaw, a patron at the event, missed one of the steps, fell, and sustained serious injuries. Shaw filed suit against MDMH, alleging numerous acts of negligence. MDMH moved for summary judgment, and the court denied the motion. MDMH petitioned for interlocutory appeal, which the Supreme Court granted. |
| Summary of Opinion Analysis: | Pursuant to the Tort Claims Act, discretionary acts enjoy immunity. Discretionary acts which enjoy immunity are those acts which promote some social, economic, or political policy. In determining whether governmental conduct is discretionary the Court must answer two questions: whether the activity involved an element of choice or judgment; and if so, whether the choice or judgment in supervision involves social, economic or political policy alternatives. Shaw makes no claim or argument that the promotion of Camp Fear was required by law and, thus, a ministerial function. She argues that Camp Fear constituted a “commercial enterprise” or a “commercial establishment,” and “[o]bviously, one operating a commercial establishment not remotely connected to the statutory mission of the institution cannot take advantage of the exemption.” Camp Fear was one of the school’s fund-raising efforts, and the proceeds furthered its mission of providing services for its clients. Since the promotion of Camp Fear involved social and economic policy decisions, it was a discretionary function that qualifies for immunity under the Act. |
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