Miss. Farm Bureau Cas. Ins. Co., et al. v. Miss. Dep't of Mental Health
| Docket Number: | 2011-CA-00147-COA Linked Case(s): 2011-CA-00147-COA ; 2011-CT-00147-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 02-28-2012 Opinion Author: Barnes, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Property damage - Tort Claims Act - Section 11-46-9(1)(d) - Discretionary duty - Public policy function test Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Maxwell, Russell and Fair, JJ. Concurs in Result Only: Carlton, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - REAL PROPERTY |
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| Trial Court: |
Date of Trial Judgment: 01-14-2011 Appealed from: Lafayette County Circuit Court Judge: Robert Elliott Disposition: SUMMARY JUDGMENT GRANTED IN FAVOR OF MISSISSIPPI DEPARTMENT OF MENTAL HEALTH Case Number: L08-077 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Mississippi Farm Bureau Casualty Insurance Company, Jimmy Moore and John Lagrone |
GOODLOE T. LEWIS
AMANDA POVALL TAILYOUR |
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| Appellee: | Mississippi Department of Mental Health | J. CAL MAYO JR. | ||
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: | Property damage - Tort Claims Act - Section 11-46-9(1)(d) - Discretionary duty - Public policy function test |
| Summary of the Facts: | Mississippi Farm Bureau Casualty Insurance Company, Jimmy Moore, and John Lagrone filed suit, seeking damages for a property destroyed by fire that was owned by Moore and Lagrone and insured by Farm Bureau. At the time of the fire, five adult individuals with developmental disabilities, clients of the Mississippi Department of Mental Health and North Mississippi Regional Center, occupied the house. The five residents signed the lease agreement. No one signed the lease on behalf of MDMH. MDMH employed Christie Beckwith Blount (Beckwith) as the direct care worker to assist the residents with their day-to-day living. The court granted summary judgment in favor of the Mississippi Department of Mental Health, holding that MDMH’s employee was exercising her discretion, and the MDMH is immune from liability. Farm Bureau, Moore, and Lagrone appeal. |
| Summary of Opinion Analysis: | For determining if MDMH was entitled to tort immunity pursuant to section 11-46-9(1)(d), the circuit court must decide whether the acts and/or omissions of Beckwith were discretionary or ministerial. A duty is discretionary when it is not imposed by law and depends upon the judgment or choice of the government entity or its employee. However, a duty is ministerial if it is positively imposed by law and required to be performed at specific time and place, removing an officer’s or entity’s choice or judgment. Under the public-policy function test, the Court must consider whether the conduct or activity involve an element of choice or judgment; and if so, whether that choice or judgment involve social, economic, or political policy. In this case, neither MDMH nor Beckwith was under any duty imposed by law regarding the residence. Neither MDMH nor its employee is a guarantor of any residence against fire. As the court found, Beckwith used her judgment and discretion to decide the degree and extent of independence to be provided to its residents-clients. While the fire was unfortunate, the discretionary function of the MTCA exempted MDMH from any liability for damages to the home, its owners, or its insurer. Although Farm Bureau argues that “Beckwith failed to exercise due care by causing a dangerous condition when she left a pan of grease on the stove unattended,” there is no evidence in support of this contention. Beckwith specifically testified in her deposition that the cause of the fire was unknown, and no other person testified that Beckwith was responsible for the fire. Thus, the circuit court was correct in granting summary judgment. |
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