Legal Opinion · Dissent

Mississippi Wildlife, Fisheries, and Parks v. Candace Webb

Court of Appeals of Mississippi

Decided April 18, 2017No. 2015–CA–00578–COAPublished

1Dissent

WESTBROOKS, J., DISSENTING:

¶ 52. I am of the opinion that there is substantial, credible, and reasonable evidence to support the trial court's finding of reckless disregard. Therefore, I respectfully dissent.

DISCUSSION

¶ 53. MDWFP Officers Michael Thrash and Barry Delcambre 12 witnessed a boat traveling on the Tchoutacabouffa River speeding and operating in a reckless and uncontrollable manner. There was testimony presented that the officers saw Bernius being "propped up" (back to back) by a passenger while Bernius was operating the boat. The officers stopped Bernius in Bend 2, which is a part…

2Cases cited4 opinions

  1. Turner v. City of RulevilleMississippi Supreme Court · 1999
  2. City of Jackson v. BristerMississippi Supreme Court · 2003
  3. City of Jackson v. LawMississippi Supreme Court · 2011
  4. Bradley v. McAllisterCourt of Appeals of Mississippi · 2006

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