In Fortner v. IMS Eng’rs, Inc., No. 2023-CA-01170-COA, 2025 WL 1377575 (Miss. Ct. App. May 13, 2025), reh’g denied (Sept. 2, 2025), the Mississippi Court of Appeals, held that an Engineering Firm who was originally involved in a public works project did not owe a duty to a deceased motorist who was killed after striking an allegedly defective manhole cover. In 2015, Integrated Management Systems, Inc. (“IMS”) was retained by the City of Jackson Mississippi (the “City”) to serve as Program Manager for major roadway improvement project known as the “Major Streets Project.” Id. IMS’s role included assisting with the design, construction, and procurement procedures used on the Major Streets Project.
The term of the agreement was for three (3) years, beginning on January 1, 2016. The contract was terminated in early February 2017 and the City took over the role of Project Manager at that time. Id. at *2. Prior to the termination of the contract, IMS selected Superior Asphalt to perform the repairs. Id. Following IMS’ departure, the City and Superior Asphalt proceeded without IMS’ involvement. Id. at *4. A year later, on May 17, 2018, Plaintiff Francis Fortner suffered fatal injuries when she struck a defectively installed manhole cover on one of the renovated roadways. Id.
Fortner’s parents brought suit against the City, Superior Asphalt, and IMS. Id. IMS successfully moved for summary judgment on the grounds it did not breach a duty owed to Fortner, as its involvement prior to termination with the manholes had been limited to counting the needed manhole covers. Fortner’s parents appealed to the Mississippi Court of Appeals. Id. at *5.
On appeal, the Court noted IMS owed Fortner a duty to exercise ordinary professional skill and diligence while it was working on the project. Id. at *6. The Court pointed out that after IMS left the project, Superior Asphalt and the City were responsible for the installation and allegedly improper modifications of the subject manhole cover, relieving IMS of any duty owed to Fortner.
The Mississippi Court of Appeals’ decision in Fortner serves as an example of a rather straightforward analysis and application of establishing a legal duty as related to a negligence claim. In what is routinely an extremely nuanced area of law, Fortner serves as a reminder that sometimes establishing a duty can follow logical and reasonable trains of thought. More importantly, the Appellate Court’s decision serves as a clean cutoff of duties owed and should help design professionals in Mississippi defeat similar claims in the future.