Stewart ex rel. Womack v. City of Jackson

Summary

The Supreme Court of Mississippi reviewed an interlocutory appeal from summary judgment granted to the City of Jackson and its employee in a negligence action arising from an elderly passenger's fall after exiting a city-operated van. The court held that the alleged conduct was not protected by the Mississippi Tort Claims Act's discretionary-function immunity and that factual issues remained concerning ordinary care and breach of contract. It also held that the employee could remain joined in a representative capacity while the governmental entity remained a defendant, and reversed and remanded for trial.

Holdings

1. The City of Jackson is not immune because the discretionary function exception does not apply; the act of allowing Stewart to walk unassisted did not involve social, economic, or political policy, and there is a factual dispute on ordinary care.
2. Stewart is a third-party beneficiary of the transportation contract between the City and the agency, and there are factual issues on breach, so summary judgment was improper.
3. Spiller should not have been dismissed because the governmental entity was not dismissed; under the MTCA, an employee may be joined in a representative capacity.

Questions Presented

1. Whether the City of Jackson is immune from liability under the Mississippi Tort Claims Act.
2. Whether the City of Jackson is subject to a trial on the merits for claims based upon breach of contract.
3. Whether the law authorizes the dismissal of Doris Spiller and prohibits a judgment against her.

Disposition

reversed_and_remanded