IN THE SUPREME COURT OF MISSISSIPPI
NO. 2017-CA-00137-SCT
WILLIAM DONALD COLLINS, SR., MARY SKINNER COLLINS, WILLIAM DONALD COLLINS, II, COLT MAKAI COLLINS AND LISA MARIE COLLINS
v.
CITY OF NEWTON, MAYOR DAVID CARR, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS MAYOR OF THE CITY OF NEWTON, CLARENCE PARKS, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS FIRE CHIEF FOR THE CITY OF NEWTON, JOEL SKINNER, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS FORMER FIRE CHIEF FOR THE CITY OF NEWTON, MURRAY WEEMS, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS ALDERMAN FOR THE CITY OF NEWTON, AND RONNIE JOHNSON, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS ALDERMAN FOR THE CITY OF NEWTON
DATE OF JUDGMENT: 12/29/2016 TRIAL JUDGE: HON. VERNON R. COTTEN TRIAL COURT ATTORNEYS: JAMES GARY McGEE, JR. MARCIE TANNER SOUTHERLAND J. RICHARD BARRY JOHN GORDON ROACH, III BRIAN DOUGLAS MAYO MATTHEW ELDER RUTHERFORD, JR. KENNETH DUSTIN MARKHAM CHRISTOPHER MICHAEL GRAVES DANIEL HOWARD JUNKIN JAMES CORNELIUS GRIFFIN COURT FROM WHICH APPEALED: NEWTON COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANTS: JOEL W. HOWELL, III ATTORNEYS FOR APPELLEES: JAMES CORNELIUS GRIFFIN J. RICHARD BARRY BRIAN DOUGLAS MAYO NATURE OF THE CASE: CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE DISPOSITION: AFFIRMED - 03/08/2018 MOTION FOR REHEARING FILED: MANDATE ISSUED:
EN BANC.
COLEMAN, JUSTICE, FOR THE COURT:
¶1. Several members of the Collins family sued the City of Newton and several of its
officials alleging wrongful termination, intentional infliction of emotional distress, negligent
infliction of emotional distress, slander, and reckless disregard of property. The defendants
filed a motion for summary judgment, which the trial court denied. After a new judge was
assigned to the case, the defendants filed a motion for relief or reconsideration of the denial
of summary judgment under Mississippi Rule of Civil Procedure 60; the trial court granted
the Rule 60 relief. The Collinses appeal from the trial court's order granting summary
judgment in favor of the defendants. Discerning no error, we affirm.
FACTS AND PROCEDURAL HISTORY
¶2. The plaintiffs are members of a firefighting family. William Donald Collins Sr. is the
patriarch of the family. Mary Collins, Donald's wife, is the matriarch. Donald was a
volunteer firefighter with the City of Newton Fire Department for more than thirty years.
Mary never has had any type of employment relationship with the Fire Department. Donald
and Mary have three adult sons, William Donald "Donnie" Collins II, Jay Collins, and Colt
Collins. Donnie and Colt were full-time, paid firefighters with the Fire Department in 2012,
when the events at issue occurred. Jay also was a full-time, paid, firefighter with the Fire
Department and remains so. Colt is married to Lisa Collins, who was a volunteer firefighter
with the Fire Department in 2012.
¶3. The Collinses claim that problems began in 2009, when the firefighters voted that
Donnie be their chief over the then-current Chief Bounds. The Board of Aldermen ratified
the vote, and Mayor David Carr vetoed the ratification. The Board overturned Mayor Carr's
veto. Mayor Carr obtained an ethics opinion regarding Donnie