Thompson ex rel. Thompson v. Lee County School District

925 So. 2d 57, 2006 Miss. LEXIS 50, 2006 WL 146109
CourtMississippi Supreme Court
DecidedJanuary 19, 2006
DocketNo. 2003-CT-02395-SCT
StatusPublished
Cited by16 cases

This text of 925 So. 2d 57 (Thompson ex rel. Thompson v. Lee County School District) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thompson ex rel. Thompson v. Lee County School District, 925 So. 2d 57, 2006 Miss. LEXIS 50, 2006 WL 146109 (Mich. 2006).

Opinions

ON WRIT OF CERTIORARI

CARLSON, Justice,

for the Court.

¶ 1. Joseph Thompson, by and through his mother and next friend, Nancy Thompson, filed suit in the Lee County Circuit Court pursuant to the Mississippi Tort Claims Act (MTCA), Miss.Code Ann. Sections 11-46-1 et seq., against George Gregory and the Lee County School District for injuries from an accident involving a vehicle driven by Thompson and a Lee County school bus driven by Gregory. After a bench trial, the Lee County Circuit Court, Judge Thomas J. Gardner, III, presiding, found: Lee County liable for the accident and assessed damages in the amount of $200,000; and Thompson fifty percent contributorily negligent. Judgment was entered against Lee County and in favor of Thompson in the amount of $100,000. Thompson appealed from this final judgment, claiming error on the part of the circuit court in the assessment of contributory negligence against him, and [59]*59in the assessment of damages, which Thompson claimed to be inadequate. We assigned this case to the Court of Appeals, which reversed the trial court’s assignment of comparative negligence to Thompson; rendered judgment in favor of Thompson and against Lee County on the issue of negligence; reversed the trial court’s award of damages as inadequate and unreasonable; and remanded the case for a new trial as to damages. Thompson v. Lee County School District, 925 So.2d 121, 2005 WL 895026 (Miss.Ct.App.2005). Upon a grant of certiorari, we find the Court of Appeals erred. We reverse the judgment of the Court of Appeals and reinstate and affirm the final judgment entered by the Circuit Court of Lee County-

FACTS AND PROCEEDINGS IN THE TRIAL COURT

¶ 2. The following facts are gleaned from the opinion of the Court of Appeals:

On December 4, 1998, Thompson was driving his red truck in the northbound lane of Romie Hill Road, a two-lane road in Shannon, Mississippi. As Thompson approached the intersection of Romie Hill Road and County Road 300, the school bus driven by Gregory pulled out in front of Thompson, causing a collision between the two vehicles. Fortunately, the bus was empty of children at the time. There were no stop signs or stop lights to halt or slow traffic proceeding north or southbound on Romie Hill Road; thus, Thompson was proceeding with the right of way and without any traffic signal requiring him to slow down or stop. There were stop signs on each of the eastbound and westbound sides of County Road 300; thus, the school bus had to proceed through a stop sign in order to enter Romie Hill Road. Whether Gregory came to a complete stop at this stop sign before entering Romie Hill Road became one of the contested factual issues in the case, but there was no dispute about the fact that Thompson faced no road sign, traffic light, or other warning signal as he approached the intersection of Romie Hill Road and County Road 300.
Gregory suffered only minor injuries from the collision, but Thompson suffered numerous injuries, including severe head trauma. Thompson was taken to the emergency room at North Mississippi Medical Center where he remained in a coma for three days. Thompson remained hospitalized until December 31, 1998, incurring roughly $50,000 in medical bills from his extended stay at the hospital.
Experts at trial testified that while Thompson has made a virtually full physical recovery, he suffers from permanent cognitive defects as a result of the head injuries caused by the accident. Among these permanent cognitive defects are the following: loss of language skill, mild dysnomia, reduced motor functioning and coordination, abnormally reduced attentional skills, mental slowness and inefficiency in learning, and visual perceptual difficulties.

Id. at 123, at **1 ¶¶ 4-6

¶ 3. Joseph Thompson (Joey) was nineteen years old at the time of the accident and twenty years old at the time this suit commenced. After considerable discovery and several continuances, a bench trial was conducted before Judge Gardner on October 6, 2003. Six witnesses testified in Joey’s case-in-chief: Robert Gwin, the Shannon police officer who investigated the accident;1 George Gregory, the school bus driver; Jay Miller, the head coach and [60]*60defensive coordinator at Itawamba Community College in Fulton;2 Nancy Thompson; Sherry Gill, Joey’s oldest sister; and, Thelma Hubbard, Joey’s older sister. At the close of the plaintiffs case-in-chief, the defendants offered a motion for a directed verdict, and the trial judge granted a directed verdict as to Gregory, but denied the motion as to the Lee County School District (Lee County). In the defendant’s case-in-chief, Gregory and Dr. David E. Stewart, a certified rehabilitation counsel- or, testified. The plaintiff offered no rebuttal.3 Lee County again requested a judgment of dismissal based on the alleged failure of the plaintiff to make out a prima facie case on the issue of liability, or alternatively, that the trial court find Joey to have been eontributorily negligent. After a recess in order to consider the evidence, Judge Gardner heard arguments from counsel and immediately thereafter issued his bench ruling as follows:

Motion for a directed verdict in favor of the defendant will be overruled.
While I don’t feel obligated to do so, I think it’s appropriate that I discuss somewhat my findings and conclusions in resolving this matter.
The testimony, the only testimony before this Court is to the effect that Mr. Gregory stopped at the stop sign, that he watched a vehicle turning left near him right by — almost beside him. I guess I understood it was a little north of the intersection itself. That when that vehicle had cleared, he looked back to the right, which would have been to the south and in the direction from which the plaintiff was coming. He did not see the vehicle. As a matter of fact, he said in direct response to someone’s question, the first time he saw the car was when he got out of the bus, which would have been after the accident occurred.
Now, in considering where the area of impact took place, I think it is equally clear, no contradiction whatsoever that it occurred in the northbound lane occupied by the plaintiff in this case or by Joey Thompson.
Based on the only testimony concerning what parts of the vehicles came into contact, it seems apparent to me that the bus was hit by the automobile apparently in a fairly head-on circumstance, that is, the car was travelling straight in a northerly direction, striking the bus behind or in the vicinity behind the passenger door located on the right-hand side of the bus somewhat behind the driver’s seat, knocking the driver with apparent substantial force from his seat into the doorway breaking glass out, which indicates to me substantial impact, which as it applies to this case would indicate to me that the plaintiff, Joey Thompson, was travelling at an increased rate.
I do not know, but there is testimony or an indication that the speed limit there was 45 miles an hour. I do not know whether the speed exceeded 45, but it was a substantial impact and, no doubt, caused pretty substantial injury to the vehicles, as well as to both of the drivers.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Roberts Contracting Inc. v. Mersino Dewatering Inc.
270 So. 3d 994 (Court of Appeals of Mississippi, 2018)
Jerome Henderson v. Roosevelt Blount
247 So. 3d 328 (Court of Appeals of Mississippi, 2018)
Dunnam v. Abney
137 So. 3d 876 (Court of Appeals of Mississippi, 2013)
Poppenheimer v. Estate of Coyle
98 So. 3d 1059 (Mississippi Supreme Court, 2012)
Mississippi Department of Human Services v. S.W.
111 So. 3d 630 (Court of Appeals of Mississippi, 2012)
Clark v. Toyota Motor Sales U.S.A., Inc.
108 So. 3d 407 (Court of Appeals of Mississippi, 2011)
Pittman v. DYKES TIMBER CO., INC.
18 So. 3d 923 (Court of Appeals of Mississippi, 2009)
Gales v. State
29 So. 3d 65 (Court of Appeals of Mississippi, 2009)
City of Jackson v. Spann
4 So. 3d 1029 (Mississippi Supreme Court, 2009)
Callahan v. Ledbetter
992 So. 2d 1220 (Court of Appeals of Mississippi, 2008)
Mississippi Dept. of Human Services v. Sw
974 So. 2d 253 (Court of Appeals of Mississippi, 2007)
Fleming v. Floyd
969 So. 2d 881 (Court of Appeals of Mississippi, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
925 So. 2d 57, 2006 Miss. LEXIS 50, 2006 WL 146109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-ex-rel-thompson-v-lee-county-school-district-miss-2006.