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Bonner v. McCormick9/24/2002
ent citizen of Hattiesburg, Forrest County, Mississippi.
2. On or about August 25, 1999, I was involved in an automobile accident with the Officer William E. McCormick of the Hattiesburg Police Department.
3. I was stopped behind one vehicle at the intersection of North Main and West Pine in Hattiesburg, Mississippi. When the light turned green, the vehicle in front of me started moving forward through the intersection, and I began driving forward as well. The vehicle in front of me stopped, and then I stopped. When I stopped, a vehicle behind me suddenly and violently crashed into the rear of my vehicle. This vehicle was being driven by Officer McCormick. At no time did my vehicle make contact with the vehicle in front of me.
4. I was not committing a criminal act and was acting as any reasonable prudent driver would have acted by stopping when the vehicle in front of me stopped. Officer McCormick exhibited a reckless disregard for the safety and well-being of others when he slammed into me from behind.
. The trial court declined to accept Bonner's affidavit. A careful reading of the affidavit indicates it would have not impacted the outcome of this case. The affidavit offers the conclusion that McCormick exhibited a reckless disregard for the safety and well being of others; it offers no facts to support that conclusion. Mere conclusory allegations are insufficient to defeat a motion for summary judgment. McClinton v. Delta Pride Catfish, Inc., 792 So. 2d 968 ( ) (Miss. 2001).
. THE JUDGMENT OF THE FORREST COUNTY CIRCUIT COURT IS AFFIRMED. APPELLANT IS ASSESSED ALL COSTS OF THIS APPEAL.
McMILLIN, C.J., SOUTHWICK, P.J., BRIDGES, THOMAS, LEE, IRVING, MYERS, CHANDLER AND BRANTLEY, JJ., CONCUR.
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