JACKSON — The Mississippi Supreme Court has ruled against the family of a Mount Olive High School football player who collapsed during practice and died in 2007.
Court records show 17-year-old Lonnie Magee died of a heat stroke.
The family sued the Covington County School District in 2008, alleging the school system was negligent in supervising the football program.
A trial judge dismissed part of the lawsuit but ruled there was a question of whether the school district had provided a safe environment for the players.
According to the court record, the team had just finished a water break when Magee, a junior lineman, collapsed and later died.
On Thursday, the Supreme Court, in a 6-3 decision, ruled the school district was protected from suit by the Mississippi Tort Claims Act. The court’s majority said the lawsuit should have been dismissed in its entirety.
The MTCA controls all lawsuits for negligence brought against the state or local governments and public officials. The law limits damages that can be sought against the government.
Presiding Justice George C. Carlson Jr. said nothing in the court record showed the school district or the football coaches violated any law in running the football practice. Carlson said the Supreme Court has found in past cases that the conduct of football practices in a discretionary function of a school district.
“The district’s discretionary decision to allow coaches the ability to set and conduct practices is rooted in policy — coaches know their players and must be able to control their teams,” Carlson wrote.
In a dissenting opinion, Justice James W. Kitchens said the court had insufficient information to find the school district immune from liability.
“Neither the plaintiff nor this court knows what the coaches did or did not do on the day of Lonnie’s death,” Kitchens said.
Chicago Wrongful Death Lawyer Jay Paul Deratany has won millions for his clients. If your family is dealing with a wrongful death case, contact The Deratany Firm in Illinois to discuss this tragic time. We offer a free initial consultation.
[source]
Chicago Personal Injury Attorney Jay Paul Deratany has won millions for clients across Illinois. Concentrating in Brain Injury, Medical Malpractice, Birth Injury, Adoption Negligence & Accident / Injury cases, The Deratany Firm's compassionate lawyers are aggressive advocates for your rights.
