LAMAR, Justice, for the Court:
¶ 1. The City of Jackson
¶ 2. Edna
¶ 3. The City of Jackson filed its answer, in which it raised the affirmative defense of immunity under the MTCA. The City of Jackson also moved for summary judgment, claiming immunity under the MTCA. Notably, the City of Jackson listed the following undisputed facts: At the time of the accident, (1) Middleton was a Jackson police officer driving a City of Jackson patrol car; (2) Middleton struck Harris's car as Harris was attempting to turn left from Highway 18 onto Siwell Road; and (3) Middleton did not activate his blue lights and siren.
¶ 4. The City of Jackson argued that it was immune from liability, because Middleton had pleaded guilty to culpable-negligence manslaughter for the death of Harris and had been ordered to serve two years in the custody of the Mississippi Department of Corrections. The City of Jackson further argued that Middleton could not be acting in the course and scope of his employment if his conduct constituted the crime of culpable-negligence manslaughter.
¶ 5. In response, the Beneficiaries argued that Middleton's conduct was within the course and scope of his employment under Mississippi Code Section 11-46-5(2). The Beneficiaries also argued that Middleton had acted with reckless disregard for the safety and well-being of Harris, who was not engaged in criminal activity at the time of the accident.
¶ 6. The trial judge denied the motion for summary judgment, and the case proceeded to a bench trial. The trial judge heard testimony from six individuals who had witnessed the accident. James Noble testified that, on the evening of June 11, 2005, he and his girlfriend were driving approximately 65 miles per hour on Highway 18 when a Jackson police car passed them like they were "sitting still." According to Noble, he and his girlfriend were about a quarter of a mile from a stop light when the officer passed them, and the light was yellow at that time. Noble stated that, in his opinion, the patrol car was traveling at least 100 miles per hour.
¶ 7. Noble testified that the light turned red and had been red for approximately twenty-to-thirty seconds when the police car entered the intersection against the red light and "t-boned" the passenger side of a red car that was attempting to turn left. Noble stated that the patrol car had no emergency lights or siren activated. Noble also testified that he did not see any brake lights on the squad car until it hit the red car. Noble testified that, upon impact, the rear end of the squad car lifted approximately six or eight feet into the air. Noble stated that he had checked on the drivers of both cars and found the officer breathing, but the driver of the red car had no pulse.
¶ 8. Kelly Steverson testified that on June 11, 2005, she was traveling from Raymond to Jackson with her boyfriend and sister, and her speed was approximately 65 miles per hour. Steverson stated that a patrol car passed her like she was "sitting still," and that in her opinion, the car had
¶ 9. Andrew Slade testified that he was traveling west on Highway 18 when a squad car passed him at a high rate of speed. Slade testified that the squad car had not activated its blue lights or siren, and he believed that the car was traveling in excess of 100 miles per hour. Slade stated that he did not see the collision, but when he topped the hill leading to the intersection, he saw there was an accident and a red light.
¶ 10. Bobbie Slade testified that she was traveling with her husband on Highway 18 toward Jackson. She stated that a police car "flew past" and was going more than 100 miles per hour without any blue lights or a siren. Slade testified she did not see the collision, but that she had checked on the occupants of both cars when she arrived at the scene. Slade testified that she had thought both occupants were dead.
¶ 11. Michelle Feazell testified that she was traveling on Highway 18 when a squad car passed her. Feazell stated that she was slowing down for the yellow signal light when the officer passed her car. She testified that the light was red when the officer entered the intersection and hit a red car as it was trying to make a left turn. Feazell also stated that the officer had not activated any lights or a siren, and that the intersection was lit with street lights. Feazell testified that she checked only on the officer, who was unconscious.
¶ 12. Kawanda Allen testified that she was riding with her cousin, Feazell, when a squad car passed them at a high speed, shaking their car. Allen stated that she did not see any blue lights or hear a siren. According to Allen, they were about fifty to sixty yards from the intersection when the squad car passed them. Allen stated that the light was red when the squad car entered the intersection.
¶ 13. Jeffrey Middleton testified that in June 2005, he was working the 2 p.m.-to-10 p.m. shift. On the night of the accident, he had responded to a traffic incident involving a drunk driver. He had transported the impaired driver to the Hinds County Correctional Facility and had left the facility a few minutes after 10 p.m. to head to the hospital, where the other driver was being treated.
¶ 14. Middleton testified that it was a cool, clear night and that traffic was extremely light on Highway 18. Middleton stated that he only remembers seeing a red car turning in front of him and a traffic signal showing a green light. Middleton testified that he suffered a head injury in the accident and as a result, could not remember any other details of that night. He also stated that he was on overtime at the time of accident. Middleton testified he was terminated from his job because of the accident, and that he had pleaded guilty to culpable-negligence manslaughter for Harris's death.
¶ 15. Sergeant Samuel Gardner with the Jackson Police Department conducted an internal affairs investigation regarding the accident. Gardner testified that he had concluded Middleton was on duty at the time of accident and that Middleton had committed offenses including careless driving and homicide. Sergeant Joseph Cotton testified as an expert in the field of accident reconstruction.
¶ 16. The trial court also heard testimony from Edna and James Harris, who testified about the loss of their son. Edna and James testified that James was their youngest child and only son, who was twenty-three at the time of his death. Edna stated that Harris had graduated from high school and had finished trade school to be a barber. Edna stated that Harris had planned to open a barber shop with his sister, who is a beautician. Edna also testified that the funeral costs were $7,037 and the headstone cost $636.
¶ 17. The trial court accepted James Koerber as an expert witness in the field of tax, economics, and finance.
¶ 18. After the trial, the judge entered his findings of fact and conclusions of law and final judgment. The judge found that Harris was not engaged in any criminal activity at the time of his death and that he was traveling south on Highway 18, attempting to make a left turn on a green arrow. He further found that Middleton had entered the intersection against a red light with a preimpact speed of 99 miles per hour and an impact speed of 87 miles per hour. The judge found that Harris had been afforded no opportunity to avoid the accident, due to Middleton's speed. He concluded that Middleton had been acting in the course and scope of his employment when he recklessly disregarded the safety of others and caused Harris's death. The judge ruled that the Beneficiaries were entitled to damages for loss of society and companionship, and he also accepted Koerber's testimony that Harris's lost earnings amounted to $345,000. The judge awarded the Beneficiaries $500,000 in compensatory damages.
¶ 19. "Immunity is a question of law[,]" and this Court conducts a de novo review of the application of the MTCA.
¶ 21. In L.T. ex rel. Hollins, the district court held that the City of Jackson was not liable for the actions of an on-duty police officer who had sexually assaulted a young woman.
¶ 22. Conversely, the Beneficiaries argue that L.T. ex rel. Hollins and Powell are distinguishable, because the governmental employees in those cases committed intentional torts, not traffic offenses. The Beneficiaries argue that the City of Jackson fails to cite Mississippi Code Section 11-46-5(2), which waives immunity for traffic violations that constitute criminal offenses.
¶ 23. Under Mississippi Code Section 11-46-7, the MTCA provides the exclusive civil remedy for tort actions against the state, its political subdivisions, and its employees.
However, Mississippi Code Section 11-46-5 provides that:
¶ 24. We find that the City of Jackson is liable for Middleton's conduct under the plain language of Section 11-46-5(2). While Section 11-46-7(2) provides immunity for "criminal offenses," Section 11-46-5(2) specifically excludes "traffic offenses" from this immunity. Middleton's guilty plea to culpable-negligence manslaughter does not change the fact that Middleton caused Harris's death by violating the traffic laws of this state. Middleton's conduct constituted speeding and running a red light, traffic offenses that are misdemeanors (and, as such, "criminal offenses") under our Code.
¶ 25. Furthermore, we agree with the Beneficiaries that L.T. ex rel. Hollins and Powell are distinguishable, as those cases do not involve any type of traffic violation. This Court has upheld governmental liability in cases where its officers have committed traffic offenses resulting in motor-vehicle accidents.
The Court, in Turner v. City of Ruleville, announced the following definition of "reckless disregard":
¶ 26. Notably, the term "reckless disregard" has a similar definition to culpable-negligence manslaughter. In Chandler v. State, this Court defined culpable-negligence manslaughter as:
¶ 27. We find that substantial evidence supports the trial judge's findings that Middleton was on duty and responding to a non-emergency call when he drove approximately 98 miles per hour through a red light as Harris was attempting to make a left-hand turn. Every witness (except Middleton) testified that Middleton had been driving at an excessive speed without his emergency lights or siren. Several witnesses saw the collision and testified that Middleton had disregarded a red light when he had proceeded through the intersection and collided with Harris. Furthermore, the City of Jackson did not argue at trial or on appeal that Harris was engaged in any criminal activity at the time of the accident. So we agree with the trial court that Middleton acted with reckless disregard for the safety of others under Section 11-46-9(1)(c). His actions fall within the definition of reckless disregard pronounced by this Court in the City of Ruleville. As such, the trial court was correct in holding the City of Jackson liable for Middleton's actions that occurred in the course and scope of his employment.
¶ 28. The City of Jackson argues it established that Harris was a proximate
¶ 29. The City of Jackson did not argue Section 63-3-505 before the trial court, and as such, it is procedurally barred from raising this argument on appeal.
¶ 30. The trial judge found that Harris had entered the intersection on a green arrow and could not have avoided the collision. The trial judge further found that Middleton was solely at fault in speeding through the intersection against a red light. The trial judge's findings show that Middleton, not Harris, violated Section 63-3-805. The trial judge's findings of fact are entitled to a manifest-error standard of review, and we cannot say the trial judge manifestly erred in assigning 100 percent of the fault to the City of Jackson. Furthermore, the City of Jackson is procedurally barred from contesting the award of $500,000, because it failed to cite any authority in support of this assignment of error.
¶ 31. We affirm the trial court's judgment and hold that the City of Jackson is liable to the Beneficiaries in the amount of $500,000.
¶ 32.
WALLER, C.J., CARLSON, P.J., DICKINSON, RANDOLPH, CHANDLER AND PIERCE, JJ., CONCUR. GRAVES, P.J., AND KITCHENS, J., NOT PARTICIPATING.