ROY LESLIE v. CITY OF BILOXI AND JOHN CAMPBELL, 758 So. 2d 430

Summary

In order for the immunity provision in the Mississippi Tort Claims Act, Miss. Code Ann. § 11-46-9-(1)(l) (Supp. 1999), to apply, it had to first be shown that appellee officer was acting within the course and scope of his employment or duties. Appellee officer was assigned a patrol car that he used to go to and from work and to and from training, court, or city business while off duty. When the accident occurred, appellee officer was returning from traffic court; therefore, appellee officer was acting within the course and scope of his employment as a patrol officer when the accident occurred. Secondly, for the immunity provision to apply, it had to be shown that appellant had received workers' compensation benefits that were furnished by the county. Appellant had been paid approximately $ 30,000 in workers' compensation benefits. Therefore, appellant was statutorily barred from bringing suit against appellees.