Home / Crime and Justice / City Wins Case Over Fatal Crosswalk Collision
City Wins Case Over Fatal Crosswalk Collision
31 Jan
Summary
- Two elderly sisters were hit by a Jeep in a crosswalk.
- The city of Ocean Springs was sued for streetlight maintenance.
- A judge ruled the city's actions were not the cause of injury.
The city of Ocean Springs has successfully defended itself in a lawsuit brought by two elderly sisters, Marcella Ellis Upton and Ellen Ellis Lee. The sisters were struck by a Jeep in a crosswalk on Government Street in January 2020, an event that led to severe injuries. Upton, then 92, suffered a broken neck and passed away in 2022 at age 95, with her case continuing through her estate. Lee, then 80, sustained a fractured ankle and post-traumatic stress.
The lawsuit alleged that the city was negligent in its maintenance and monitoring of a streetlight at the crosswalk, which was not functioning at the time of the collision. Mississippi Power, the owner of the streetlight, and the driver's insurance company had previously settled with the plaintiffs. The trial focused on the city's liability under the Mississippi Tort Claims Act.
Following a two-day trial, a judge ruled on January 14 that the sisters failed to prove the city's alleged negligence regarding the streetlight was the direct cause of their injuries. The court noted that the sisters could clearly see the crosswalk and the approaching vehicle, and a witness observed them from a distance. The driver's actions were deemed an independent intervening cause for the incident.
