Decisions – Miss.S.Ct. – Nov. 3, 2016

George Ready, II v. RWI Transportation, LLC and David Williamsfirst auto accident alleged to have caused second auto accident –  There was an accident on I-55 in Grenada County.  David Williams was driving a tractor trailer northbound when he attempted a lane change and came in contact with a truck driven by Brian Spurlock.  Spurlock’s truck came to rest on a bridge over the Yalobusha river.  Williams pulled over to the east side shoulder.  MHP came out to the accident.  Officer Willis parked his patrol car south of the accident scene,  activated his blue lights,  and started stopping any northbound traffic since Spurlock’s vehicle was overturned partially across both lanes. At least one City of Grenada police officer assisted with traffic control.  An hour after the accident and  3/4 of a mile south, George Ready was traveling northbound in the right travel lane of I-55 in a 2007 GMC Sierra truck. Approximately 730 feet north of the ramp to the Exit 206 overpass, Ready collided with the rear of a stopped UPS tractor-trailer driven by Shannon Carroll. The UPS tractor-trailer was still stopped in the right hand northbound travel lane where it had been forced to stop as a result of backed-up traffic from the Williams accident.  Ready sued Williams and RWI.  The trial court granted summary judgment for RWI and Williams  finding that  time and distance between the two accidents were so removed that it was not foreseeable that Williams’s accident would cause  Ready’s injuries.  Ready appealed. The Miss.S. Ct. affirms.

The stipulated facts,supra ¶ 2, presented in this case reveal that the first accident was remote in time and distance from Ready’s accident.1 In the “realm of foreseeability,” if we assume Williams’s failure to properly operate his tractor-trailer “constituted negligence, such negligence only furnished the condition or occasion from which [Ready’s] injuries were received, but it did not put in motion the negligence and wrongful agency that caused [Ready’s] injuries.” Hoke, 186 So. 2d at 476-77. Williams’s presumed original negligence is “relegated to the position of a remote and, therefore, a nonactionable cause.” Bullock, 13 So. 2d at 36. Therefore, we are of the opinion that Williams and RWI did not owe a duty to Ready and that the negligence of Williams, if any, “was too remote in the eyes of the law to be regarded as connected as cause therewith.” See Permenter v. Milner Chevrolet Co., 229 Miss. 385, 391, 91 So. 2d 243, 245 (1956).

 

The Court grants an interlocutory appeal  on a Tort Claims Act venue issue in The City of Madison, Mary Hawkins Butler, The Mayor of the City of Madison, The City of Madison Police Department, M. E. “Gene” Waldrop, In His Official Capacity as Chief of Police, Officer James C. Craft and Officer John Gentry v. Robert Pugh.  Pugh was struck by a vehicle fleeing Madison Police Officers.  Pugh sued various Madison officials after he was hit on Gallatin Street in Jackson by a criminal being pursued from Madison by Madison police.  Pugh filed suit in Hinds.  The Defendants asked the court to dismiss for improper venue or to transfer the case to Madison arguing that a Torts Claim Act case must be brought “in the county or judicial district thereof in which the principal offices of the governing body of the political subdivision are located.”

pugh-cert-petition

 

 

    ;

 

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s