Could Sons of School Resource Officer Killed Directing Traffic Sue DOT for Wrongful Death?

What Do You Think?

In Mississippi, a government employer with workers’ compensation insurance usually cannot be sued by an injured employee. State law makes governmental entities immune to such lawsuits. 

But what if the employee dies and his children sue the government? Does immunity bar them from suing, as well? That was the question in the case of a school resource officer who tragically died while directing traffic at school dismissal time. A motorist smashed into the officer’s parked car. The car hit the officer, severely injuring him. He died a few days later.

The officer’s wife collected workers’ compensation benefits from the school district. The sons did not. The sons sued the Mississippi Department of Transportation for wrongful death. They claimed the MDOT was responsible because the traffic light didn't flash and warn motorists of the school zone, leading to the crash. The sons did not work for a governmental entity.

The lower court ruled for the MDOT, stating that the MDOT was immune to the lawsuit.

Mississippi law states, generally, that a governmental entity does not have to pay any claim filed by an employee of a governmental entity whose injury is covered by workers’ compensation. Section 11-46-9(1)(l).

Was MDOT immune from the sons’ lawsuit?

A. Yes. The sons could only sue the MDOT if the father could have sued.

B. No. The sons were not employees of a governmental entity.

If you selected A, you agreed with the court in Patterson v. Mississippi, No. 2024-CA-00788-SCT (Miss. 09/11/25), which held that the immunity law shielded the MDOT from the case.

The court noted that someone suing for wrongful death can only bring a claim that the deceased would have been able to bring had he survived. In other words, a wrongful death claimant stands in the shoes of the person who died. 

Here, the father was an injured employee of a governmental entity--the school district--that provided him workers’ compensation benefits. Therefore, under Mississippi law, he could not sue a governmental entity–in this case, the MDOT. His sons, standing his shoes, were similarly barred from suing. 

Holding that the MDOT was immune to the sons’ wrongful death case, the court ruled in the MDOT’s favor.

Find the full text of the decision on Simply Research

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