City of Clinton v. TornesAnnotate this Case
Officer Michael Kelly was responding to a call that an intoxicated person was lying unconscious on the sidewalk outside the Days Inn in Clinton, Mississippi. While en route, his police vehicle collided with Patrice Tornes’s car. Tornes sued Officer Kelly and his employer, the City of Clinton, claiming Officer Kelly’s “reckless and negligent actions directly caused the subject accident.” Specifically, she alleged Officer Kelly “caused his vehicle to be driven in a careless, negligent, and reckless manner and without due regard for the safety and convenience of Patrice Tornes, and without giving any warning sign or proper signal of the approach of said vehicle.” And she asserted the City of Clinton was “vicariously liable for its employee’s careless, negligent, and reckless operation of his vehicle while acting in the course and scope of his employment as an officer for the City of Clinton Police Department.” She also claimed the City was liable for its own actions—specifically, “its negligent training of its employee in how to properly operate his motor vehicle in accordance for the safety of others” and its negligent entrustment of the subject vehicle to Officer Kelly on the day the wreck occurred. Both Officer Kelly and the City moved for summary judgment, claiming immunity from suit. This case came before the Mississippi Supreme Court on interlocutory appeal, because the trial court ruled in Tornes' favor. The Supreme Court held the municipality and the officer could not be liable for plaintiff's claims under the Mississippi Tort Claims Act, reversed the denial of summary judgment and rendered judgment in defendants' favor.