Engineering Firm Not Liable in Mississippi Teen’s Death

In a recent decision, the Mississippi Court of Appeals upheld a lower court ruling, affirming that IMS Engineers, a Jackson-based engineering firm, is not liable for the 2018 death of Jackson Academy senior Frances Fortner. The court concluded that IMS Engineers had no duty of care at the time of the fatal accident.

On May 17, 2018, Frances Fortner tragically lost her life when her vehicle struck an unsecured manhole cover on Ridgewood Road, causing it to flip. Her parents filed a wrongful death lawsuit against IMS Engineers, TMM Hall Professional Services, the City of Jackson, and Superior Asphalt, the contractor responsible for the roadwork. The lawsuit alleged that IMS Engineers had failed to ensure the safety of the road, leading to their daughter’s death.

However, both Hinds County Circuit Judge Faye Peterson and the Mississippi Court of Appeals found that IMS Engineers had been removed from the project months before the accident occurred. The court noted that IMS Engineers had no ongoing contractual obligations or oversight responsibilities at the time of the incident. The Appeals Court emphasized that the duty of care fell to Superior Asphalt and the City of Jackson, who were actively involved in the project at the time.

This ruling underscores the importance of establishing clear lines of responsibility in construction and engineering projects. While the decision may be disheartening for the Fortner family, it highlights the legal principle that liability is often determined by the scope and timing of contractual obligations and duties of care.

At Chhabra, Gibbs & Gustavis, P.A., we understand the complexities involved in personal injury and wrongful death cases. If you or a loved one has been affected by a similar tragedy, our experienced attorneys are here to help. We offer free consultations to discuss your case and explore your legal options. Contact us today at 601-948-8005 to schedule your consultation.