Leader Call

Local News

January 29, 2010

NEW – Court rules in Mt. Olive wrongful death case

JACKSON (AP) — 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.

Text Only
Local News
Featured Ads
Community Calendar
Loading…
Events by eviesays.com
AP Video
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Popular Searches
Powered by Local.com
Seasonal Content
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.
Poll

Should a Mosque be erected close to the 9/11 site?

Yes
No
     View Results