City of Jackson v. Thornton

94 So. 3d 1186, 2011 WL 6056408, 2011 Miss. App. LEXIS 745
CourtCourt of Appeals of Mississippi
DecidedDecember 6, 2011
DocketNo. 2010-CA-00910-COA
StatusPublished
Cited by6 cases

This text of 94 So. 3d 1186 (City of Jackson v. Thornton) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Jackson v. Thornton, 94 So. 3d 1186, 2011 WL 6056408, 2011 Miss. App. LEXIS 745 (Mich. Ct. App. 2011).

Opinions

GRIFFIS, P.J.,

for the Court:

¶ 1. In December 2004, Isaiah Robertson, a minor, stole a Ford Expedition sports-utility-vehicle belonging to Michael Fowler. After a high-speed chase between officers with the Jackson Police Department (JPD) and Robertson, Robertson collided with Kewania Lewis and Basil Thornton. Thornton suffered numerous injuries and filed suit in Hinds County Circuit Court against the City of Jackson (City) for the JPD officers’ actions. After a bench trial, the circuit judge issued a lengthy order that awarded $800,000 to Thornton and apportioned 80% liability to the City and 20% liability to Robertson.

¶ 2. On appeal, the City asserts that: (1) the circuit court erred in apportioning fault between the City, Robertson, and Lewis; and (2) the damages awarded are against the overwhelming weight of the evidence. We find reversible error in the trial court’s apportionment of fault. Therefore, we reverse and remand for further proceedings consistent with this opinion.

STATEMENT OF FACTS

¶ 3. On December 15, 2004, Fowler left his vehicle running while he entered J & J Quick Stop on Bounds Street in Jackson, Mississippi. While Fowler was in the store, Robertson, who was approximately fifteen years old at the time of the incident, stole the vehicle. Fowler contacted JPD; he was met by Officer John Strong at the scene of the crime. Fowler identified Robertson as the person who had stolen his vehicle. Shortly thereafter, Officer Strong was informed that the vehicle had been located, and Officer Strong instructed Fowler to get inside his police cruiser.

¶ 4. Meanwhile, Officer Kenneth Taitón, who had been advised of the crime, discovered Robertson in the stolen vehicle parked at a nearby apartment complex. Upon observing Officer Taitón, Robertson left the parking lot of the apartment complex, and Officer Taitón began following him. A few minutes later, after Robertson ran a traffic light and Officer Taitón confirmed the license plate of the stolen vehicle, Officer Taitón activated his blue lights and his siren, signaling for Robertson to pull over. A high-speed chase ensued with Officer Taitón leading the chase; Officer Strong, with Fowler in his vehicle, followed Officer Taitón and Robertson. After approximately five minutes, Robertson crashed the vehicle into Lewis’s vehicle and Thornton’s vehicle.

[1189]*1189¶ 5. At the time of the accident, Lewis had been stopped at a red traffic light and was searching for something in her car when she noticed that the traffic light had turned green. Thornton was stopped at the traffic light as well, having just dropped his children off at a nearby school. Thornton’s vehicle was located diagonally to Lewis’s vehicle and directly opposite from the oncoming stolen vehicle. Lewis proceeded into the intersection without looking to her right or left for illegally proceeding traffic, and her vehicle was struck by Robertson. After crashing into Lewis’s vehicle, Robertson ricocheted off of Lewis’s vehicle and hit Thornton’s vehicle. Robertson then fled the scene on foot, but he was quickly captured.

¶ 6. On June 20, 2006, Thornton filed a complaint against the City. At the bench trial in November 2009, witnesses testified that: Robertson had run numerous red traffic lights during the chase; he had traveled anywhere between fifty-five and eighty-five miles per hour in forty-mile-per-hour speed zones; he had driven erratically through heavily populated streets and a private yard; and he was traveling through areas in close proximity to schools, residential neighborhoods, a church, and a daycare.

¶ 7. The evidence of Thornton’s injures presented at trial showed that because of the wreck, he had a broken vertebrae in his neck, broken foot, completely severed jaw muscle, glass imbedded in his head and face, and severe and disfiguring lacerations to his face and head. At the time of the crash, Thornton was an officer with the Richland Police Department and worked a second job at a local Greyhound Bus Station. Evidence of Thornton’s lost wages and medical expenses were also shown, as well as evidence of other non-economic damages suffered by Thornton due to the crash.

¶8. On May 6, 2010, the circuit judge entered a fifteen-page memorandum of findings of fact and conclusions of law in conjunction with the judgment. The circuit court found that the City had incurred liability through JPD’s high-speed pursuit of Robertson, which the circuit court determined was “extreme, reckless, and an unreasonable danger to the public.” Furthermore, the circuit court concluded that the JPD officers had disregarded JPD policy regarding pursuit of suspects by not terminating the chase with Robertson after witnessing Robertson’s reckless driving and obvious refusal to yield to the police and by failing to advise the JPD supervisor on duty of Robertson’s excessive speed and dangerous conduct.

¶ 9. The circuit court considered the following in determining Thornton’s damages: medical and hospital bills, lost wages and earning capacity, physical injuries and disfigurement, pain and suffering, and loss of enjoyment of life. In its final judgment, the circuit judge awarded Thornton $375,000, which was statutorily reduced to $300,000. Thereafter, the circuit court determined the City was the primary proximate cause of the accident and Thornton’s damages, and the court apportioned 80% liability to the City and 20% liability to Robertson.

DISCUSSION

¶ 10. It is well settled that the findings of a circuit judge, sitting without a jury, “are safe on appeal where they are supported by substantial, credible, and reasonable evidence.” Mayor and Bd. of Aldermen, City of Ocean Springs v. Homebuilders Ass’n of Miss., Inc., 932 So.2d 44, 48 (¶ 6) (Miss.2006) (citation and quotation omitted). “This Court will not disturb those findings unless they are manifestly wrong, clearly erroneous[,] or an erroneous legal standard was applied.” [1190]*1190City of Jackson v. Perry, 764 So.2d 373, 376 (¶ 9) (Miss.2000) (citation omitted).

I. Reckless Disregard

¶ 11. Suits against a municipality are brought under the Mississippi Tort Claims Act. Miss.Code Ann. § 11-46-1 to -23 (Rev.2002; Supp.2011). In order for a municipality to waive governmental immunity from suit, the state actor in question or its employee must be found to have “acted in reckless disregard of the safety and well-being of any person not engaged in criminal activity at the time of injury.” Miss.Code Ann. § ll-46-9(l)(c) (Supp. 2011). The City cites to Ogburn v. City of Wiggins, 919 So.2d 85 (Miss.Ct.App.2005) to support its argument that the JPD officers did not act in reckless disregard and that their actions were not the proximate cause of Thornton’s injuries.

¶ 12. Ogbum involved the wrongful death of Lomax Ogburn, a motorist who was struck by a vehicle driven by John Wortham and pursued by City of Wiggins Police Officer Jamie Smith. Id. at 87 (¶ 1). Officer Smith began following Wortham after witnessing him speeding and driving erratically in Wiggins, Mississippi. Id. at 87 (¶ 3). After pursuing Wortham for approximately one or two minutes, Officer Smith lost sight of the vehicle. Id. at 87 (¶ 4).

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Cite This Page — Counsel Stack

Bluebook (online)
94 So. 3d 1186, 2011 WL 6056408, 2011 Miss. App. LEXIS 745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-jackson-v-thornton-missctapp-2011.