Decisions – MSSC – 8/30/2018

Hand down list

City of Clinton, Mississippi and Officer Michael Kelly v. Patrice Tornes  – Tort Claims Act –  Kelly was an officer with the Clinton P.D.   In May of 2015, he drove through a parking lot to get to a call.  According to Kelly there were items in the parking lot obstructing his view and he pulled out a little into the roadway to see.  His police car was clipped by a vehicle driven by Tornes.  Tornes claims that Kelly was proceeding into the road when the accident happened. She sued Kelly and the City. They moved for summary judgment. When it was denied they were granted an interlocutory appeal. The MSSC finds that Kelly cannot be individually liable under the Tort Claims Act.  And for the City to be liable, Tornes would have to show reckless disregard which she cannot.  As for Tornes’ claim for negligent training, the City is immune because of immunity for discretionary functions.

Curtis Brown v. Professional Building Services, Inc.- – negligence – Curtis Brown was the clubhouse manager at Colonial Country Club in Jackson.  He was injured when he stumbled and fell over a chair left in the doorway to the grill.  Brown sued Professional Building Services, the club’s cleaning service, claiming that they left the chair in the doorway.   The jury returned a verdict for PBS.  On appeal  Brown argues that the trial judge abused his discretion by (1) overruling Brown’s objection to a photo of a chair in the doorway to the grill, (2) denying Brown’s request for a jury instruction that specifically mentioned that the overhead lights in the grill were turned off, (3) allowing a defense expert in biomechanics to testify that Brown’s claim that he suffered bilateral patellar tendon ruptures bywalking into a chair was not “plausible,” (4) excluding one answer from his treating physician’s deposition testimony regarding the
general possibility that there could be mistakes in medical records, and (5) by responding to a note from a juror with a general instruction to continue deliberations.  The COA affirms.  The MSSC granted cert and also affirms.


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