Goodman Firm Blawg

MS Tort Claims Act- Prisoner Exemption

Here is a recent MS Supreme Court opinion addressing a Tort Claims Act wrongful death suit. In particular the Supreme Court upheld the dismissal of the suit based upon the claim being based solely upon negligence (and not malice) for the death of an individual while incarcerated in the County jail. The Court correctly identified the Tort Claims Act exemption for prisoners or inmates of state jails; and the Court also noted malice was never alleged in the Complaint so Plaintiff's could not argue on appeal that the actions of Defendants were outside the scope of Tort Claims immunity.

Sheriff's Department is Not a Governmental Entity Under the MTCA

The Mississippi Supreme Court recently issued this decision discussing the proper party to be named in a Tort Claims Act suit against a County Sheriff's Department. Although the MTCA does not specifically identify which bodies are "governmental entities" or "political subdivisions," there are some guides in the statute which point to the individual County as the proper defendant in a claim against a Sheriff. This case is pertinent since  notice was provided to the County Board of Supervisors, but the County was not listed as a defendant in the suit. The dismissal of the action was upheld since the "Bolivar County Sheriff's Department" was improperly named as the defendant.

Police Chase Liability

The MS Supreme Court recently issued this opinion affirming an award of damages against a city and its police officer following a wreck during a high-speed chase. The decision is important since it discusses the "wreckless disregard" standard of the MS Tort Claims Act, and again follows a 10-point test regarding high speed chases. The opinion also discussed the plaintiff's testimony about her 3 years of ankle pain--the Court felt this was sufficient to prove a permanent injury even though no "expert" had addressed the issue.

Government Is Immune From Liability Pertaining to Traffic Signs/Signals

The Mississippi Court of Appeals recently issued this opinion affirming summary judgment in favor of the state Department of Transportation. The suit alleged that a bridge was not properly marked with warning signs/signals, resulting in a car accident and fatalities. The Court held that placement of traffic devices is a discretionary function for which the Department of Transportation has immunity..."whether or not the discretion be abused."

MS Tort Claims Act- Slip & Fall Claim

This Court of Appeals opinion affirms the dismissal of an action against the Tippah County hospital. The Court found that the hospital is owned by the County and all actions must be brought within one year pursuant to the Ms Tort Claims Act; suit in this instance was filed 2 1/2 years after the injury. Plaintiff argued that the hospital was run was Baptist Hospital, a private organization, thereby removing Tort Claims Act protection from this suit. The Court noted that the County only contracted some administrative duties to Baptist; the ownership and control of the hospital remained with the County and the Tort Claims Act controlled the claim.