City of Jackson, Mississippi v. Wavie Graham
226 So. 3d 608
| Miss. Ct. App. | 2017Background
- On Nov. 12, 2010, at ~10:30 p.m., Wavie Graham crossed a four-lane Northside Drive after church and was struck on the driver’s side by Jackson Police Officer Undrae Martin’s patrol car. Graham and a passenger were injured.
- Officer Martin was responding to a “priority two” disturbance call and did not activate lights or siren; several witnesses described the patrol car as traveling at high speed down a hill with limited visibility.
- An accident reconstructionist estimated Officer Martin’s speed between 57–68 mph in a 40 mph zone; the patrol car’s speedometer was stuck at 72 mph after the crash.
- Graham sued the City under the Mississippi Tort Claims Act (MTCA), alleging Officer Martin acted with reckless disregard for public safety; trial court found reckless disregard, removed MTCA immunity, and awarded damages (amended judgment $121,530.87).
- The City appealed, arguing (1) the trial court wrongly applied a ten-factor pursuit test (used in police-pursuit cases) to determine reckless disregard instead of gross-negligence precedent, and (2) the court erred by not requiring expert testimony to establish causation of Graham’s medical injuries.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court properly used the ten-factor pursuit test to find reckless disregard | Graham: Totality of circumstances (speed, no lights/siren, limited visibility) shows reckless disregard | City: Court erred by applying pursuit-case ten-factor test rather than gross-negligence precedent | Court: Although application of the ten-factor pursuit test was incorrect, substantial evidence supported reckless-disregard finding under totality of circumstances; result affirmed (right outcome, wrong reasoning) |
| Whether expert testimony was required to prove causation of medical bills | Graham: Medical bills and testimony authenticating records make causation prima facie; no expert required | City: Contended an expert was needed to link injuries to the crash | Court: Medical bills and plaintiff testimony constitute prima facie proof of necessity/reasonableness; City had chance to rebut; no expert required; admission of records and awards upheld |
Key Cases Cited
- City of Jackson v. Gray, 72 So. 3d 491 (Miss. 2011) (sets ten-factor analysis used in officer pursuit cases)
- City of Jackson v. Lewis, 153 So. 3d 689 (Miss. 2014) (standard for reckless disregard under MTCA)
- Maye v. Pearl River County, 758 So. 2d 391 (Miss. 1999) (wantonness/reckless-disregard where officer knowingly created risk he could not observe)
- Briggs v. Benjamin, 467 So. 2d 932 (Miss. 1985) (appellate courts will not reverse correct outcome even if court used wrong reasoning)
- Jackson v. Brumfield, 458 So. 2d 736 (Miss. 1984) (medical bills and testimony can be prima facie evidence of necessity and causation)
- Boggs v. Hawks, 772 So. 2d 1082 (Miss. Ct. App. 2000) (medical bills paid or incurred are prima facie evidence of necessity/reasonableness)