Williams v. Toliver

• Court: Mississippi Supreme Court
• Writing for the Court: BEFORE PITTMAN AND BANKS, P.JJ., AND COBB, J.
• Citation: Williams v. Toliver, 759 So.2d 1195 (Miss. 2000)
• Decision Date: 11 May 2000
• Docket Number: No. 98-CA-00026-SCT.,98-CA-00026-SCT.
• Parties: Wyatt WILLIAMS v. Samuel Keith TOLIVER, Individually and In His Official Capacity as Constable of Bolivar County, Mississippi.

759 So.2d 1195

Wyatt WILLIAMS v. Samuel Keith TOLIVER, Individually and In His Official Capacity as Constable of Bolivar County, Mississippi.

No. 98-CA-00026-SCT.

Supreme Court of Mississippi.

May 11, 2000.

Jack Rhea Tannehill, Jr., Oxford, Attorney for Appellant.

Benjamin E. Griffith, Daniel Judson Griffith, Cleveland, Attorneys for Appellee.

BEFORE PITTMAN AND BANKS, P.JJ., AND COBB, J.

PITTMAN, Presiding Justice, for the Court:

STATEMENT OF THE CASE

¶ 1. This is an appeal from the Bolivar County Circuit Court where summary judgment was granted in favor of defendant Samuel Keith Toliver ("Toliver"). Wyatt Williams ("Williams") sued Ned Holder, Individually and in His Official Capacity as Sheriff of Sunflower County, Mississippi; Ohio Casualty Insurance Company; Jackie Steed, Individually and In His Official Capacity as Deputy Sheriff of Sunflower County, Mississippi; and Samuel Keith Toliver, Individually and In His Official Capacity as Constable of Bolivar County, Mississippi, pursuant to the Mississippi Tort Claims Act, for injuries received during a high speed automobile chase and shootout. ¶ 2. Circuit Judge John Leslie Hatcher, in his ruling, found that Williams had failed to comply with the notice requirements of the Mississippi Tort Claims Act, Miss.Code Ann. § 11-46-11 (Supp.1994). Judge Hatcher also found that there was no genuine issue of material fact regarding Toliver's alleged arrest of Williams on the day of the incident. Judge Hatcher then went on to certify the judgment as final as to Toliver pursuant to M.R.C.P. 54(b).

STATEMENT OF FACTS

¶ 3. Williams became involved in a domestic altercation with his girlfriend, Dolly Harris ("Harris"), at her home in Mound Bayou, Mississippi, on December 11, 1994. Toliver and Mound Bayou Policeman Kennedy Johnson ("Johnson") arrived on the scene. Both Toliver and Johnson ordered Williams to leave Harris's home. Toliver asserts that Williams actually fled the scene and engaged the police in a high speed chase for the purpose of avoiding lawful arrest. Toliver stated in his affidavit that when he told Williams that he was under arrest, Williams jumped in his car and fled the scene. Johnson corroborated this, stating that Toliver informed Williams that he was under arrest before Williams fled Harris's home. Williams asserts that neither Toliver nor Johnson attempted to arrest him at Harris's home.

¶ 4. Williams was later charged with reckless driving, assaulting an officer, and resisting arrest in Bolivar County as a result of affidavits filed by Toliver. Williams was never arrested or prosecuted for these charges. Williams was, however, arrested by Sunflower County Deputy Jackie Steed ("Steed") for failure to obey the command of an officer and disorderly conduct resulting from the reckless driving of his vehicle on December 12, 1994. Williams was convicted of these charges.

¶ 5. According to Williams, he left Harris's home voluntarily, heading to his mother's home in Drew, Mississippi. After traveling several miles, Williams noticed that both Toliver and Johnson were following him. Williams asserts that he was hesitant to pull over because he had heard of an affair between Harris and Toliver. He states he intended to head to the Drew Police Department where he could gain assistance if needed.

¶ 6. Williams then asserts that Toliver, during the chase, radioed that Williams had a firearm and was shooting at both Toliver and Johnson. Toliver stated that after chasing Williams a few miles down the road, Williams stopped his car, jumped out and pointed a gun at him. Toliver stated that Williams stopped his car, opened the door, then sped off again four or five times during the chase. Toliver denied ever saying that Williams had fired at him. Toliver stated that Johnson is the person who actually radioed that Williams had fired a gun. Toliver maintained that he simply repeated what Johnson had said: that Williams had fired at him.

¶ 7. Williams claims that he does not own a weapon and was not in possession of one at the time of the incident. The police did not find a weapon after Williams was stopped nor did any officer see Williams throw anything from his vehicle. Toliver, however, reported that he could see Williams with a brown weapon in his hand. The only thing found in Williams's vehicle after the chase was a brown hairbrush.

¶ 8. Sunflower County Sheriff Ned Holder ("Holder"), when hearing of the approaching chase, ordered that no one was to be harmed. However, Sunflower County Deputy Sheriff Coy Fulgham fired two warning shots in the air when Williams approached the road block he had set up.

¶ 9. Sunflower County Deputy Sheriff Steed fired at Williams's car as Williams tried to slow down. Steed stated that he could not see Williams's hands on the steering wheel, so he tried to disable Williams's car by firing at the front tire. Steed's shots hit Williams, hitting him in the back, leg, and shoulder. Williams was dragged from his vehicle, handcuffed, and left on the ground until medical assistance arrived.

STATEMENT OF ISSUES

I. WHETHER THE TRIAL COURT ERRED IN GRANTING TOLIVER'S MOTION FOR SUMMARY JUDGMENT ON THE GROUNDS THAT WILLIAMS FAILED TO COMPLY WITH THE MANDATORY NOTICE REQUIREMENTS OF THE MISSISSIPPI TORT CLAIMS ACT, MISS. CODE ANN. § 11-46-11 IN PROVIDING NOTICE TO TOLIVER.

II. WHETHER THE TRIAL COURT ERRED IN GRANTING TOLIVER SUMMARY JUDGMENT ON THE GROUNDS THAT WILLIAMS WAS NOT FALSELY ARRESTED BY TOLIVER.

III. WHETHER THE TRIAL COURT ERRED IN GRANTING TOLIVER SUMMARY JUDGMENT ON WILLIAMS' CLAIMS FOR NEGLIGENT MISREPRESENTATION, INTENTIONAL MISREPRESENTATION AND NEGLIGENCE.

STANDARD OF REVIEW

¶ 10. The standard of review governing the granting or denial of summary judgment is well settled in Mississippi:

The standard for reviewing the granting or the denying of summary judgment is the same standard as is employed by the trial court under Rule 56(c). This Court conducts de novo review of orders granting or denying summary judgment and looks at all the evidentiary matters before it-admissions in pleadings, answers to interrogatories, depositions, affidavits, etc. The evidence must be viewed in the light most favorable to the party against whom the motion has been made. If, in this view, the moving party is entitled to a judgment as a matter of law, summary judgment should forthwith be entered in his favor. Otherwise, the motion should be denied. Issues of fact sufficient to require denial of a motion for summary judgment obviously are present where one party swears to one version of the matter in issue and another says the opposite. In addition, the burden of demonstrating that no genuine issue of fact exists is on the moving party. That is, the non-movant would be given the benefit of the doubt. Lumberman's Underwriting Alliance v. City of Rosedale, 727 So.2d 710, 712-13 (Miss.1998) (quoting Aetna Casualty & Surety Co. v. Berry, 669 So.2d 56 (Miss. 1996)).

This Court has further stated that

... [A] motion for summary judgment should be denied unless the trial court finds beyond any reasonable doubt that the plaintiff would be unable to prove any facts to support his/her claim.

Lumberman's Underwriting Alliance, 727 So.2d at 713.

Rush v. Casino Magic Corp., 744 So.2d 761, 763 (Miss.1999).

DISCUSSION

I. WHETHER THE TRIAL COURT ERRED IN GRANTING TOLIVER'S MOTION FOR SUMMARY JUDGMENT ON THE GROUNDS THAT WILLIAMS FAILED TO COMPLY WITH THE MANDATORY NOTICE REQUIREMENTS OF THE MISSISSIPPI TORT CLAIMS ACT, MISS. CODE ANN. § 11-46-11 IN PROVIDING NOTICE TO TOLIVER.

¶ 11. Miss.Code Ann. § 11-46-11(2) sets out the requirements for notice under the Mississippi Tort Claims Act:

(2) The notice of claim required by subsection (1) of this section shall be in writing, delivered in person or by registered or certified United States mail. Every notice of claim shall contain a short and plain statement of the facts upon which the claim is based, including the circumstances which brought about the injury, the extent of the injury, the time and place the injury occurred, the names of all persons known to be involved, the amount of money damages sought and the residence of the person making the claim at the time of the injury and at the time of filing the notice.

Miss.Code Ann. § 11-46-11(2)(Supp.1999). Toliver argues that because he was identified as Sunflower County Constable Keith Toliver and not Bolivar County Constable Samuel Keith Toliver, Williams has failed to provide "the names of all persons known to be involved." Toliver argues that not only has Williams failed to strictly comply with the requirements, he has failed to substantially comply with the notice requirements.

¶ 12. This Court in the recent past has required strict compliance with the notice provisions of the Mississippi Tort Claims Act. In Reaves ex rel. Rouse v. Randall, 729 So.2d 1237 (Miss.1998), we relaxed the standard from one of strict compliance to one of substantial compliance. In Carr v. Town of Shubuta, 733 So.2d 261 (Miss. 1999), we overruled those cases that required strict compliance (to the extent that they required strict compliance): City of Jackson v. Lumpkin, 697 So.2d 1179 (Miss.1997); Carpenter v. Dawson, 701 So.2d 806 (Miss.1997); and Holmes v. Defer, 722 So.2d 624 (Miss.1998).

¶ 13. As both Williams and Toliver note, "[t]he determination of substantial compliance is a legal, though fact-sensitive, question and is, therefore, necessarily decided on an ad hoc basis." Carr, 733 So.2d at 265. The question before this Court, then, is whether the notice delivered to the Bolivar County Administrator was sufficient notice as required by Miss.Code Ann. § 11-46-11(2).

¶ 14. The Notice of Claim delivered to the County Administrator of Bolivar County read:

The names of the persons known to be involved are: Ned Holder, Sheriff of Sunflower County; Jackie Steed, Deputy Sheriff of Sunflower County; Keith Toliver, Constable of District One of Sunflower County,

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