City of Jackson v. Law
65 So. 3d 821
| Miss. | 2011Background
- City of Jackson appealed a judgment under MTCA after a police pursuit resulted in a collision injuring Eric and Kristina Law.
- Officer May pursued Dearman for seven miles through Jackson, despite Dearman’s lack of surrender and May’s belief she was not a public danger.
- May continued the chase through multiple neighborhoods and intersections, including a residential area, while reporting to dispatch and ignoring a policy directive to terminate when appropriate.
- trial court found May acted with reckless disregard for public safety and proximate contributing cause of the injuries; Dearman was found 60% at fault, Law not contributorily negligent, and Law’s spouse Kristina Law also awarded damages.
- The Mississippi Supreme Court affirmed, concluding May’s pursuit violated Brister factors and the Jackson PD policy, rendering immunity waived under MTCA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether May acted with reckless disregard for public safety | Lawv. May—reckless disregard supported by Brister factors | City—policy and reasonable pursuit under Brister guidelines | Yes; substantial evidence supports reckless disregard finding |
| Whether May’s actions were a proximate cause of the injuries | May’s pursuit directly contributed to collision | Ogburn distinction; not the proximate cause | Yes; May’s actions substantially contributed to injuries |
| How fault should be allocated between Dearman and May | Dearman significant but May contributed | Dearman predominant fault | Dearman 60%, May 40% |
| Whether Eric Law was contributorily negligent | Law not negligent; lawful driving through intersection | Law failed to heed blue lights and caution | No; Law not contributorily negligent |
Key Cases Cited
- City of Jackson v. Brister, 838 So.2d 274 (Miss. 2003) (ten Brister factors used to analyze reckless disregard)
- Miss. Dep’t of Pub. Safety v. Dum, 861 So.2d 990 (Miss. 2003) (rejection of reckless disregard when pursuing thresholds not met)
- Richardson v. City of Ellisville, 913 So.2d 973 (Miss. 2005) (deference to trial court; de novo on law; Brister factors applied)
- City of Jackson v. The Estate of Stewart, 908 So.2d 703 (Miss. 2005) (proximate cause vs. foreseeability distinction emphasized)
- City of Jackson v. Lipsey, 834 So.2d 687 (Miss. 2003) (reckless disregard when officer’s conduct endangers public)