Jackson MS unsafe roads led to 13 lawsuits, including 2 wrongful death lawsuits

This is the first in an occasional series looking at the lawsuits faced by the City of Jackson.

Unsafe road conditions have led the City of Jackson to face at least 13 lawsuits from citizens who sustained bodily injuries after vehicular crashes, including two wrongful death lawsuits and one that caused a man to lose an eye.

After submitting a Freedom of Information Act request, The Clarion Ledger is reviewing thousands of pages of documents as part of an investigation into the city's approximately 135 current lawsuits.

The Clarion Ledger has also previously reported on the city's struggles maintaining safe roads, including issues with potholes and broken traffic lights, as well as efforts the city is taking to create better conditions for drivers in Jackson. Some potholes are so big they have taken on a life of their own — there's one with a six-foot ragweed growing out of it.

Each of the lawsuits surround suing the city for counts of negligence — though some have other counts — alleging the city failed in its responsibility to provide and upkeep safe roads.

Another lawsuit was filed against the city after a resident crashed their vehicle due to a traffic light "that was not operating properly."

Here is a look at three of the lawsuits, as well as a response from Jackson Mayor Chokwe Antar Lumumba about what the city is doing to ensure safe road conditions in the future.

James Lee Smith Jr.

On April 7, 2020, James Lee Smith Jr., was riding in the front passenger seat while his cousin, Dequan, was driving west on the 4000 block of West Capitol Street, according to a lawsuit filed by Smith's mother, Nora Jackson. They were driving in a 2006 Honda Accord.

More on potholes: Fixing Jackson's pothole problem: An overwhelming task for a division with 10-12 workers

Curious MS: Why are there so many potholes, dips and humps in MS roads? | Curious Mississippi answers

As the two were driving, the car hit a "pothole dangerous and severe enough" to cause "a catastrophic mechanical failure in the form of a broken axle," the lawsuit states. The vehicle veered off the road and crashed into an abandoned home. Airbags were deployed in the front and side of the car, according to a Jackson Police Department crash report, but Smith died on impact. He was 24-years-old.

Jackson, represented by her attorneys at the Bellinder Law Firm, filed a wrongful death lawsuit on July 7, 2022 in the Hinds County Circuit Court. They are demanding a trial by jury on behalf of herself and other family members on behalf of Smith's estate, according to the lawsuit.

The Bellinder Law Firm did not immediately respond to a request for comment.

“Plaintiffs seek the recovery of any and all kinds of economic damages available under the law and incurred as a result of James Lee Smith, Jr., deceased, and the injuries they sustained," the lawsuit states.

Frances Fortner

On May 17, 2018, Frances Fortner was driving a 1992 Mazda Miata on Ridgewood Road in North Jackson, according to a lawsuit filed by her parents, Thomas and Laurilyn Fortner.

The car, a convertible, struck a "manhole in the road that had an insecure, misplaced and/or defective cover ... which caused the vehicle to violently stop and flip over, causing her death," the lawsuit states.

Fortner was 18-years-old. She was on her way to graduation practice at Jackson Academy, where she was set to graduate from the following day.

The news sparked an outpour of grief and anger throughout the city with residents questioning why the manhole was not secured and why no cone or sign was put in place to warn drivers. Friends and family shared memories with the Clarion Ledger after her death. A mural in Fondren depicting Fortner displays on the corner of North State Street and Fondren Place.

One woman, Jean Holmes, said she warned police of the uncovered manhole hours before Fortner's death. Holmes filed her own lawsuit against the city in 2019, though the complaint was not in the files the Jackson City Attorney's office released to the Clarion Ledger.

Mayor's response to Fortner's death: Jackson mayor acknowledged city's failures after Frances Fortner's death. But city is fighting deposition effort.

The lawsuit was filed on November 16, 2018 in the Hinds County Court by Roderick Ward, the Fortners' attorney. A trial by jury is demanded in the lawsuit.

"The matter against the City of Jackson is currently pending and awaiting a Mississippi Supreme Court ruling," Ward said.

Along with the city, the Fortners are also suing contractors hired by the city to upkeep roads, including Superior Asphalt Inc., IMS Engineers Inc. and Integrated Management Services Inc., who "failed to provide proper warnings of the danger present at said manhole," the lawsuit states.

Sigma Corporation, a New Jersey company, is also named in the suit. The company manufactured the manhole cover, which the lawsuit alleges was "unreasonably dangerous, defective and negligent." It also alleges the company "failed to warn customers of the hazard created by" the manhole cover.

In 2019, reports surfaced that a $500,000 settlement between the city and the Fortner's was reached but later rejected by the Jackson City Council during a closed executive session. Mississippi open records laws allow a governing body to go into executive session, including "strategy sessions or negotiations with respect to prospective litigation, litigation or issuance of an appealable order when an open meeting would have a detrimental effect on the litigating position of the public body," as well as various other reasons.

Ricardo Jones

On May 26, 2019, Ricardo Jones was approaching the intersection of Manhattan and Lawrence Roads in North Jackson when he "hit a pothole, which took up a significant proportion of the road," according to a lawsuit filed by Jones. Upon hitting the pothole, Jones' car was "maneuvered off the street."

"When Mr. Ricardo came to the realization of the events that just occurred, witnesses informed Mr. Ricardo Jones that his eye was out of his orbit," the lawsuit states.

The lawsuit was filed on April 6, 2020 in the Hinds County Circuit Court. Jones is being represented by Jackson attorney Dennis Sweet and his law firm Sweet and Associates.

Speaking in a phone interview Tuesday, Dennis Sweet IV said the attorneys are still unclear whether Jones hit a pothole or an uncovered manhole.

"At this we don't know because when we went back out there it was fixed and we asked for it in discovery. We still don't have the discovery yet, so we're don't have an answer yet," Sweet said.

Sweet said when Jones crashed he hit his head on something in the car which caused his eye to be poked out.

Jones is seeking $500,000 in damages, Sweet said. The case is awaiting to be heard by the Mississippi Supreme Court.

Mayor's response

During an interview in mid-February, Lumumba was understanding of residents' concerns regarding the city's roads. The mayor did not specifically address any ongoing litigation.

"I feel people. I ride on the same roads they ride on. I've had the same rims bent on my cars, I've had the same flat tires that they have," he said.

But Lumumba was fiercely adamant that his administration has "done more paving than the previous decade combined." Roads aren't being ignored, he said, but finding funds to fix those roads has been a challenge.

"I can work hard each day to secure funding to deal with our ailing infrastructure. What I can't do is rewind the hands of time to stop the 30-plus years of neglect and challenges within our roads," Lumumba said. "And I think I can say unequivocally that we have been the most aggressive and successful administration in getting funding for our infrastructure, whether you're talking about roads, whether you're talking about water."

The mayor spoke on Phase 1A of the city's "Street Resurfacing Project," which has already begun. A total of 31 neighborhood streets in Ward 3 and Ward 7 are set to be repaved. Previously, the city focused on major thoroughfares.

He also boasted about the $40 million bond the city is borrowing from the Mississippi Development Bank, though the process for entering into that loan agreement has not been finished, the mayor said. The bank was created by the Mississippi Legislature in 1986 as a way for local governments to borrow money to finance infrastructure improvements.

The Jackson City Council decided to split the money between the city's seven wards. Each of the council members will come up with priority projects in their respective wards to spend the money on. That means each ward would see a little under $6 million for infrastructure improvements.

This article originally appeared on Mississippi Clarion Ledger: Jackson MS faces at least 13 lawsuits due to unsafe roads