Defense Verdict Affirmed on Appeal

August 20, 2015.

Diane Pradat Pumphrey, Casey D. Younger, and Nicholas D. Garrard of Wilkins Patterson Smith Pumphrey & Doty in Jackson, Mississippi, successfully represented the City of Crystal Springs, Mississippi and the Crystal Springs Police Department in a suit filed by a minor who was injured when she was struck by a patrol car. 

 

The officer was on patrol around a school after a Friday night high school football game. The case was tried without a jury, and the trial judge found that the Defendants were immune from liability under the Mississippi Tort Claims Act, since the Officer’s conduct did not amount to reckless disregard,.  On appeal, the Mississippi Court of Appeals affirmed the trial court’s ruling, finding that there was no evidence the officer had acted with a conscious indifference when driving around the school.  Therefore, the Court of Appeals affirmed the trial court, finding the Defendants were immune from suit.

 

Ms. Pumphrey and Mr. Younger successfully defended the case at the trial court, while Ms. Pumphrey and Mr. Garrard handled the appeal.  Attorneys at Wilkins Patterson provide a variety of legal services to their clients, including defense of healthcare providers, insurance claims, premises liability, workers’ compensation and automobile liability claims.  The firm is located at 4735 Old Canton Road, Suite 108, Jackson, MS 39211.