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Estate of Williams v. City of Jackson5/8/2003
DATE OF JUDGMENT: 12/20/2001
NATURE OF THE CASE: CIVIL - WRONGFUL DEATH
DISPOSITION: AFFIRMED - 05/08/2003
EN BANC.
. The Estate of James Stanley Williams, through its administratrix, Eloise Williams, and Sherrie Chantel Walker , through her mother, Mary A. Walker, filed suit in the Circuit Court of Hinds County, Mississippi against the City of Jackson seeking damages for the wrongful death of James Stanley Williams. The plaintiffs alleged that Jackson City firefighters from Station 20 acted with reckless disregard for the safety of Williams and others on September 15, 1998, when one of the fire engines collided with Williams's vehicle at an intersection while en route to a fire.
. On December 2, 1999, the plaintiffs filed a motion for declaratory judgment which was denied August 31, 2000. On June 1, 2001, the City of Jackson moved for summary judgment on the basis that it is immune from liability under Miss. Code Ann. § 11-46-9(c). On December 21, 2001, the circuit court granted summary judgment for the City. From this final judgment, the plaintiffs filed a timely appeal alleging that the court erred in granting summary judgment. They raise the following issues for consideration by this Court:
I. WHETHER THE ALLEGED CRIMINAL ACTIVITY OF JAMES WILLIAMS PRECLUDES RECOVERY BY HIS WRONGFUL DEATH BENEFICIARIES.
II. WHETHER THE CITY, ITS AGENTS OR EMPLOYEES, ACTED WITH RECKLESS DISREGARD FOR THE SAFETY AND WELL-BEING OF OTHERS.
FACTS
. On September 15, 1998, fire trucks from City of Jackson Fire Station 20 were dispatched around 9:00 p.m. to a fire at the corner of Martin Luther King Drive and Dorsey Street. The route traveled to get to this fire from Station 20 is south down Medger Evers Boulevard, passing through the intersection of Medger Evers Boulevard and Summit Drive, turning right onto Martin Luther King, continuing several blocks, and then turning left onto Dorsey Street. Two vehicles left Station 20 en route to the fire, both with their lights, sirens, and horns on. Rescue 20 was in the lead followed by truck 20, the ladder truck, driven by RDO Keith Irving (Irving).
. Although trained to drive the fire truck, Irving was not the ususal driver. He was driving that day because the usual driver was on vacation. The day before this accident occurred, Irving had a tooth removed and had been taking antibiotics, Tylenol III with codeine, ibuprofen and Tylenol P.M. to ease the pain. Lieutenant Frankie Simpson (Simpson), Irving's superior, had questioned him about the effects of this medication and stated that they could get someone else to drive the truck if the medicine was affecting him in any way. Irving said the medicine did not make him drowsy and that he felt fine to drive the truck. Simpson testified that he was seated next to Irving and did not observe any drowsiness while Irving was driving the truck. Simpson further stated that, based upon his eighteen years' experience as a fire truck driver, he believed that Irving did all he could to avoid the collision. The last dose of Tylenol III that Irving had was around 8:05 p.m.
. Upon approaching the intersection of Medger Evers Boulevard and Summit Drive, Irving noticed a vehicle, later determined to be that of James Stanley Williams (Williams), approaching the intersection from the west, which was on Irving's right. The fire truck was traveling at a speed around 50 m.p.h. in a 40 m.p.h. speed zone. Irving stated that the car did not yield the right of way to the fire truck and that it was trying to beat the fire truck across the intersection. Irving swerved the vehicle to the left to avoid the collision, b
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