Herndon v. Mississippi Forestry Commission
2010 Miss. App. LEXIS 636
| Miss. Ct. App. | 2010Background
- Herndons sued Mississippi Forestry Commission (MFC) and Bond for injuries after a fog-related collision with Bond's MFC truck on Highway 53.
- MFC claimed immunity under MTCA and MEML; circuit court granted summary judgment.
- Bond was tasked to pick up a bulldozer for fire-protection use during Katrina-related emergency conditions.
- Evidence showed fog, early morning light, and Bond looking for traffic before entering the highway.
- Court held no genuine issue of material fact on immunity under MTCA and MEML, and affirmed; later, addressed production of Bond’s personnel file and reckoned it moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| MTCA immunity applicability | Herndon argues MFC not within MTCA scope | MFC claims duty relates to police/fire protection; Bond immune | Immunity under MTCA affirmed |
| MEML immunity applicability | Herndons contend MEML immunity not available | Agency engaged in emergency management; immunity applies | Immunity under MEML affirmed |
| Reckless disregard standard | Bond acted with conscious indifference | Bond's actions not reckless disregard | No genuine issue; not reckless disregard |
| Production of Bond's personnel file | File contains evidence of qualifications and recklessness | Production not showing material relevance; issue moot | Issue moot; not addressed on merits |
Key Cases Cited
- Maldonado v. Kelly, 768 So.2d 906 (Miss. 2000) (MTCA immunity extends to certain emergency duties)
- Reynolds v. County of Wilkinson, 936 So.2d 395 (Miss.Ct.App.2006) (Deputy immunity where engaged in governmental function)
- Rayner v. Pennington, 25 So.3d 305 (Miss.2010) (Reckless disregard requires more than negligence)
- City of Jackson v. Presley, 40 So.3d 520 (Miss.2010) (Reckless disregard bar for immunity is high)
- City of Jackson v. Harris, 44 So.3d 927 (Miss.2010) (Reckless must be willful/wanton; negligence not enough)
- City of Laurel v. Williams, 21 So.3d 1170 (Miss.2009) (Reckless disregard defined as willful or wanton conduct)
- Maye v. Pearl River County, 758 So.2d 391 (Miss.1999) (May be reckless where officer failed to look and acted without due care)