In May 2018, 18-year old high school senior Frances Fortner of Jackson, Mississippi, was killed at the intersection of Ridgewood Road and Venetian Way. According to Jackson Police, Fortner was driving when she collided with an obstruction in the road, which caused her car to flip. Fortner was on her way to practice for her high school graduation.
Chokwe Lumumba, the Mayor of the City of Jackson, commented on Fortner’s death, stating:
“I am deeply saddened to hear of the death of Miss Frances Fortner. My sincere thoughts and prayers are with the family, friends and classmates of this young lady whose life was taken too soon. We are conducting a full investigation of the accident. More information will become available pending the outcome of the investigation.”
What Is the Mississippi Tort Claims Act and How Does it Apply in This Case?
It is thought that Fortner’s car accident and resulting death were caused by a missing manhole cover. If this is found to be true, the city could be held liable for Fortner’s death under the Mississippi Tort Claims Act. (This is a collection of statutes that specify when citizens may file suit against a government entity.) According to the Act, individuals may be able to sue the local, state government if they sustain negligence-based injuries involving a government employee (such as a municipal employee who may have improperly closed a manhole in the roadway).
There are a few stipulations and limitations regarding such claims, including;
- $500K limit on compensation
- No jury trial option
- Plaintiff must bring lawsuit within 1 year from the date of the accident or injury
Skilled Personal Injury Attorney in Jackson
Contact Richard Schwartz and Associates, P.A. today if you or someone you love has been injured because a state, county or city employee behaved negligently while on the job. Given that the government and its employees are tasked with preserving the safety of average citizens, we believe they should be held responsible when they fail to behave responsible and put people like Frances Fortner at risk of serious injury and death. Our Mississippi personal injury attorneys are here to help you go up against large entities like your local or state government if that’s what it takes to preserve your well-being and that of others.
Call (601) 869-0696 today to speak to a personal injury lawyer in Jackson or elsewhere in Mississippi.