City of Jackson v. Gray, 2011 Miss. LEXIS 387

Mary Gray and Peggy Pettaway, coadministrators of Alice Clausell’s estate, sued the City of Jackson, the City of Raymond, and Alice Wilson for negligence. The City of Raymond settled, leaving Jackson and Wilson as defendants. A bench trial found Jackson officers acted with reckless disregard and allocated 20% of damages to Jackson. The trial court concluded Wilson was at fault and apportioned damages among the parties accordingly. Jackson appealed, arguing no reckless disregard and improper apportionment without proving proximate cause. The Mississippi Supreme Court reversed, rendered in Jackson’s favor, and did not reach proximate-cause analysis.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did JPD officers act with reckless disregard for safety?	Gray/ Pettaway contend Jackson officers acted recklessly.	Jackson argues there is no reckless-disregard evidence.	No substantial evidence of reckless disregard; reversed and rendered for Jackson.
Is proximate cause required to sustain the 20% Jackson liability, given no reckless disregard finding?	Proximate cause supports liability.	Proximate-cause analysis is needed.	Not necessary to reach proximate cause because no reckless disregard finding.

City of Jackson v. Presley, 40 So.3d 520 (Miss.2010) (reckless-disregard standard; red-light collision; reversed when record lacked evidence)
City of Jackson v. Lipsey, 834 So.2d 687 (Miss.2003) (reckless disregard when officer turned into oncoming traffic without warning lights)
Brister v. City of Jackson, 838 So.2d 274 (Miss.2003) (short pursuit with factors supporting reckless disregard)
Law v. City of Jackson, 65 So.3d 821 (Miss.2011) (reckless-disregard analysis in pursuit cases)
Richardson v. City of Ellisville, 913 So.2d 973 (Miss.2005) (ten-factor framework for totality-of-circumstances analysis)
Davis v. City of Clarksdale, 18 So.3d 246 (Miss.2009) (reckless disregard requires knowing or intentional act)