NJFFSA16
06-10-2002, 02:47 AM
FYI- important ruling in Taco Bell case.
JACKSON, Miss. (AP) - The Mississippi Supreme Court has followed
the lead of others states in ruling that injured police officers
and firefighters can't sue people whose negligence put them in
harm's way in the first place.
The ruling came Thursday in the dismissal of a lawsuit brought
by a Picayune police officer injured while trying to break up a
fight at a Taco Bell in 1996.
Justice William Waller Jr., writing in Thursday's decision, said
dealing with other people's negligence is part of the job for
public safety workers and they receive compensation and benefits
for the risks inherent in such responses.
On May 28, 1996, Officer Shelton W. Farmer responded to a
disturbance call at the Taco Bell in Picayune. Upon entering the
restaurant, Farmer encountered a fight between Clayton S. Brunson
II and Daniel T. Magee, a Taco Bell employee. While trying to break
up the fight, Farmer was kicked by Brunson and suffered a severe
knee injury.
Farmer sued Taco Bell, its local owners and Brunson's father.
Pearl River County Circuit Judge Michael Eubanks dismissed the
lawsuit in 2000 based on the so-called firefighter's rule used in
other states.
Since the issue had not been raised in Mississippi before, it
was up to the Mississippi Supreme Court to decide whether to apply
the doctrine here.
In effect, the Mississippi court said police and firefighters
are employed by government as insurance for the negligence of its
citizens, and allowing them to also collect damages asks taxpayers
to pay again for services the community has collectively purchased.
Negligence is a common factor in emergencies that require the
intervention of public safety officers, the court said.
Nearly all the courts across the nation that have considered the
issue have adopted the firefighter's rule.
Waller said the rule in Mississippi would follow one adopted in
Wisconsin that states that public policy bars recovery when an
injury is sustained as a result of a negligent act that
necessitated rescue. However, he said the rule would allow a
lawsuit when some other negligent act causes injury.
Presiding Justice Chuck McRae, in a dissenting opinion, said
while it is true that firefighters and police officers serve for
the benefit of society, such service should not be to their
personal detriment.
"By adopting the firefighter's rule, the majority cheapens the
importance of the duties carried out by our firefighters and police
officers. This rule has the effect of punishing firefighters and
police officers by depriving them of a right guaranteed in our
Constitution.
"The Constitution does not make an exception for firefighters
and police officers in the line of duty; therefore, they should
have the same rights to sue as any other citizen," McRae wrote.
Rankin County Sheriff Ken Dickerson, president of the
Mississippi Sheriff's Association, said he had not seen the high
court ruling, but "if it is actually a case of negligence, I don't
think a police officer or a firefighter should be discriminated
against in filing a negligence suit."
"It would certainly have to be an actual case of negligence if
you bring suit against anybody," Dickerson said.
(Copyright 2002 by The Associated Press
JACKSON, Miss. (AP) - The Mississippi Supreme Court has followed
the lead of others states in ruling that injured police officers
and firefighters can't sue people whose negligence put them in
harm's way in the first place.
The ruling came Thursday in the dismissal of a lawsuit brought
by a Picayune police officer injured while trying to break up a
fight at a Taco Bell in 1996.
Justice William Waller Jr., writing in Thursday's decision, said
dealing with other people's negligence is part of the job for
public safety workers and they receive compensation and benefits
for the risks inherent in such responses.
On May 28, 1996, Officer Shelton W. Farmer responded to a
disturbance call at the Taco Bell in Picayune. Upon entering the
restaurant, Farmer encountered a fight between Clayton S. Brunson
II and Daniel T. Magee, a Taco Bell employee. While trying to break
up the fight, Farmer was kicked by Brunson and suffered a severe
knee injury.
Farmer sued Taco Bell, its local owners and Brunson's father.
Pearl River County Circuit Judge Michael Eubanks dismissed the
lawsuit in 2000 based on the so-called firefighter's rule used in
other states.
Since the issue had not been raised in Mississippi before, it
was up to the Mississippi Supreme Court to decide whether to apply
the doctrine here.
In effect, the Mississippi court said police and firefighters
are employed by government as insurance for the negligence of its
citizens, and allowing them to also collect damages asks taxpayers
to pay again for services the community has collectively purchased.
Negligence is a common factor in emergencies that require the
intervention of public safety officers, the court said.
Nearly all the courts across the nation that have considered the
issue have adopted the firefighter's rule.
Waller said the rule in Mississippi would follow one adopted in
Wisconsin that states that public policy bars recovery when an
injury is sustained as a result of a negligent act that
necessitated rescue. However, he said the rule would allow a
lawsuit when some other negligent act causes injury.
Presiding Justice Chuck McRae, in a dissenting opinion, said
while it is true that firefighters and police officers serve for
the benefit of society, such service should not be to their
personal detriment.
"By adopting the firefighter's rule, the majority cheapens the
importance of the duties carried out by our firefighters and police
officers. This rule has the effect of punishing firefighters and
police officers by depriving them of a right guaranteed in our
Constitution.
"The Constitution does not make an exception for firefighters
and police officers in the line of duty; therefore, they should
have the same rights to sue as any other citizen," McRae wrote.
Rankin County Sheriff Ken Dickerson, president of the
Mississippi Sheriff's Association, said he had not seen the high
court ruling, but "if it is actually a case of negligence, I don't
think a police officer or a firefighter should be discriminated
against in filing a negligence suit."
"It would certainly have to be an actual case of negligence if
you bring suit against anybody," Dickerson said.
(Copyright 2002 by The Associated Press