Nancy Gale v. Nathaniel Thomas and The City of Jackson

Jackson, Mississippi personal injury lawyers represented the Plaintiff on a Governmental Tort Claim.

. Nancy Gale suffered injuries when her automobile collided at an intersection with a City of Jackson police patrol car driven by Officer Nathaniel Thomas. Officer Thomas allegedly ran a red traffic signal. The accident occurred on April 17, 1993. Gale brought suit in the Hinds County Circuit Court, First Judicial District, on October 20, 1995, against the City of Jackson and Officer Thomas, individually, alleging gross and reckless negligence on the part of Officer Thomas.



The City and Officer Thomas moved for summary judgment asserting sovereign immunity. Circuit Court Judge Ermea J. Russell granted summary judgment in favor of both defendants and dismissed the suit on June 30, 1998. Gale now appeals to this Court arguing that the trial judge erroneously determined that the City and Officer Thomas were immune from suit.



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The notice of claim requirement "imposes a condition precedent to the right to maintain an action.",This Court has held that the timely filing of notice is a jurisdictional prerequisite.,Though substantial compliance with the notice provisions is sufficient, "substantial compliance is not the same as, nor a substitute for, non-compliance."...”

"...As this Court has stated, time and again, an issue not raised before the lower court is deemed waived and is procedurally barred....”

"...It is an accurate statement of the law that a question of subject matter jurisdiction may be presented at any time....”



Key Phrases Sovereign immunity. Summary judgment. Mississippi Tort Claims Act. Course and scope of employment. Police department function.

This Court affirms the trial court's grant of summary judgment in favor of both the City of Jackson and Officer Thomas. The trial court correctly held that there is no genuine issue of material fact as to whether the City of Jackson is protected by the immunity granted by the Mississippi Tort Claims Act. Though the "interim" version of Miss.Code Ann. § 11-46-3 (Supp.1993) was in effect at the time of the accident, the exception provided in subsection (3) of that section is inapplicable because the operation and maintenance of a police department is not a function of proprietary nature. This Court affirms the trial court's grant of summary judgment in favor of Officer Thomas. Section 11-46-7(2) precludes Gale from holding Officer Thomas personally liable. No issue of material fact exists as to whether § 11-46-7(2) applies. The judgment of the Hinds County Circuit Court is affirmed.