198 So. 3d 373
Miss. Ct. App.2015Background
- Shortly after midnight on Nov. 9, 2008, Officer Justin Maclain, responding to a burglary-in-progress call in Brandon, MS, struck Bradley McElroy’s vehicle; McElroy died and his beneficiaries sued the City and Officer Maclain under the Mississippi Tort Claims Act (MTCA).
- Maclain testified he turned off his siren near the apartments but his patrol car’s emergency lights remained on; witness statements conflicted about whether lights were on before the collision.
- Accident reconstruction placed Maclain at 72 mph approaching the intersection; reconstruction concluded McElroy ran the stop sign and contributed to the collision.
- Toxicology showed marijuana and a BAC of .073 in 19-year-old McElroy (over the .02 limit for minors); expert opined recent marijuana use and impairment.
- The City and Maclain moved for summary judgment asserting MTCA immunity under Miss. Code § 11-46-9(1)(c): (1) McElroy was engaged in criminal activity causally related to his injury; or (2) alternatively, Maclain did not act in reckless disregard.
- The trial court granted summary judgment; the Court of Appeals affirmed, holding Estate of Williams controls and a causal nexus existed between McElroy’s criminal activity and the injury, barring recovery.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether MTCA § 11-46-9(1)(c) bars recovery because decedent was engaged in criminal activity with a causal nexus to injury | McElroy’s beneficiaries argued facts (conflicting witness statements about lights, whether McElroy stopped) create factual issues precluding immunity | City/Maclain argued undisputed toxicology and reconstruction evidence show McElroy was impaired (criminal activity) and that impairment caused his actions leading to the collision | Held: Immunity applies—decedent’s intoxication created a causal nexus; recovery barred under Estate of Williams |
| Whether Maclain acted in reckless disregard (an alternative basis to deny immunity) | Beneficiaries contended evidence could show reckless disregard (speed, turning off siren, lights use) | City/Maclain argued even if not criminally active, Maclain’s conduct did not rise to reckless disregard | Held: Court did not need to find reckless-disregard because criminal-activity bar applied; no error in granting summary judgment |
Key Cases Cited
- Estate of Williams ex rel. Williams v. City of Jackson, 844 So. 2d 1161 (Miss. 2003) (holding intoxicated driving can be criminal activity that has causal nexus to police/fire response and bars recovery under § 11-46-9(1)(c))
- City of Jackson v. Perry, 764 So. 2d 373 (Miss. 2000) (requires causal nexus between victim’s criminal activity and governmental tortfeasor’s conduct for § 11-46-9(1)(c) to apply)
- McCreary v. City of Gautier, 89 So. 3d 703 (Miss. Ct. App. 2012) (discussing causal-nexus requirement and summary-judgment burdens under MTCA)
- Mitchell v. City of Greenville, 846 So. 2d 1028 (Miss. 2003) (immunity under MTCA is an entitlement not to stand trial and is properly decided at summary-judgment stage)
- City of Jackson v. Powell, 917 So. 2d 59 (Miss. 2005) (distinguishes Estate of Williams where causal nexus was not shown)