Court: Court of Appeals of Mississippi; May 16, 2006; Mississippi; State Appellate Court
Donna and Randy Peebles filed a lawsuit against Winston County, Sheriff Randy Thomas, and the Winston County Board of Supervisors, claiming that Auxiliary Deputy Sheriff Paul Griffith acted with reckless disregard in a motor vehicle accident involving their son, Kevin Peebles. The circuit court granted a directed verdict in favor of Winston County, leading the Peebleses to appeal on three grounds: (1) the court's failure to recognize Griffith's actions as reckless disregard, (2) the exclusion of Jonathan DeBord as an expert witness, and (3) the court’s finding that Griffith had his emergency siren activated continuously before the accident.
The court found no error in the circuit court's ruling and affirmed the decision. The accident occurred on August 10, 2002, when Griffith was responding to a 911 call about an accident with injuries. Although informed that a Mississippi Highway Patrol officer was already at the scene, Griffith proceeded in emergency mode but at a reduced speed. Simultaneously, Kevin was driving towards a restaurant when Griffith, believing Kevin was yielding, attempted to pass him. Kevin unexpectedly turned left into Griffith's path, leading to a collision despite Griffith's attempts to avoid it.
Winston County argued immunity under the Mississippi Tort Claims Act, which protects governmental entities and employees from liability for actions taken during their official duties unless those actions involve reckless disregard for safety. The court concluded that since Griffith was acting within the scope of his duties and did not exhibit reckless disregard, Winston County was immune from liability.
The Peebleses argue that the lower court made an error by not finding Griffith acted with reckless disregard during the accident. They claim Griffith engaged in several reckless behaviors: proceeding to the accident scene in emergency mode despite the presence of law enforcement and an ambulance, driving at 70 to 75 mph, passing a double yellow line, navigating through an intersection, and incorrectly believing there were trapped victims. They reference the case of Miss. Dep’t of Pub. Safety v. Durn to support their claims. However, their explanation of how Durn applies to their situation is insufficient. The Durn case involved a highway patrolman, Lantern, who acted with reckless disregard due to excessive speed and failure to use a siren while in pursuit of a speeding vehicle, which contrasts with Griffith's situation. The trial court found Griffith was traveling at 55 to 60 mph and had his siren and lights activated, distinguishing the facts from Durn. The legal standard for reckless disregard involves understanding the unreasonable risk of danger and showing indifference to the consequences. The court finds that Griffith's actions do not meet this standard as defined in case law.
Griffith's actions during the accident do not demonstrate reckless disregard for safety. He was responding to a serious accident with sirens and lights activated, traveling at 55-60 mph. Upon noticing Kevin's brake lights and the truck moving right, Griffith initially believed Kevin was yielding the right of way. When it became clear that Kevin was turning left, Griffith attempted to avoid a collision by braking and steering toward the ditch. The trial judge concluded that Griffith's conduct amounted to negligence but not willful or wanton behavior, leading to a finding of no reckless disregard, thereby granting immunity to Winston County.
Additionally, the Peebleses argued that the trial court incorrectly excluded accident reconstructionist Jonathan DeBord from testifying on police procedures in emergencies. Although DeBord was recognized as an expert in accident reconstruction, the court found he lacked sufficient qualifications to speak on police procedures beyond that of any certified law enforcement officer. The trial judge's decision to limit DeBord's testimony was deemed a proper exercise of discretion, as it did not appear arbitrary or erroneous.
The trial court provided multiple opportunities for the Peebleses to prove DeBord's qualifications as an expert in police procedures, requiring evidence of relevant education and training. DeBord admitted he had no such qualifications, lacking training in emergency driving standards and experience as an expert witness in police procedures. Consequently, the trial court concluded that DeBord was unqualified to offer expert opinions in this area, and the Peebleses' arguments on this matter were deemed meritless.
Regarding the continuous operation of Griffith's emergency siren before the accident, the Peebleses contended that Griffith cycled his siren on and off, asserting it was off just prior to the collision. They cited witness testimonies to support this claim. However, a comprehensive review of the testimonies indicated insufficient corroboration of the Peebleses' assertions.
Laura Thornton testified she heard a siren immediately before the impact but could not confirm how long it had been on. Perry Clay recalled hearing a brief siren just before the collision but acknowledged uncertainty about his prior statements. Rodney Stokes heard a siren before the crash but could not confirm its status before he heard it. Larry Gregory, who lived nearby, believed he heard the siren as Griffith approached but thought it was turned off after passing his house; he admitted to having a hearing impairment and was not wearing his hearing aid at the time. Overall, the testimonies did not substantiate the Peebleses' claims about the siren's operation before the accident.
Griffith stated that his siren and blue lights were continuously activated while responding to an accident scene until the collision occurred. Despite conflicting testimonies regarding the siren's operation, all witnesses except Gregory confirmed that the siren was active at the time of impact. The trial judge, after evaluating the credibility of all testimonies, concluded that Griffith’s siren was indeed in continuous use. Specifically, Gregory, who lives near the scene, could not determine if he lost sound due to distance or if the siren was turned off, noting his hearing issues. Other witnesses corroborated hearing the siren shortly before the accident. The court calculated that Griffith would have reached the accident scene within 19.8 seconds while traveling at 60 miles per hour, making it implausible for the siren to have turned off and back on in such a short time. The court deferred to the trial judge's findings, affirming that Griffith’s siren was continuously operational, and upheld the judgment of the Winston County Circuit Court, with all appeal costs assigned to the appellants. Additionally, during a separate incident, Lantern pursued a speeding vehicle, leading to an accident involving Durn, who was making a left turn into a parking lot. The trial judge determined Griffith exceeded the speed limit by only five miles per hour at the time of the accident, referencing Mississippi Code Annotated section 63-3-517, which permits emergency vehicles to exceed speed limits when responding to emergencies and sounding audible signals. None of the other witnesses witnessed the accident, and Goodin’s Grocery was the intended meeting location for Kevin and his parents.
