Lawsuit says damaged sign led to veteran Lee County officer's death

Feb. 7—TUPELO — A circuit court judge will decide if a broken caution/speed limit sign failed to warn motorists they were approaching a school zone in January 2022, resulting in a car crash that killed a school resource officer.

The family of Johnny Patterson filed a wrongful death lawsuit in Lee County Circuit Court last month, almost a year to the date after Patterson was fatally injured in front of Shannon Primary School. Instead of requesting a jury trial, the complaint asks that a judge rule on the case.

According to the lawsuit, there was a warning sign that read "School, speed limit 45, when flashing" about 1,000 feet east of the school located on four-lane U.S. Highway 45. However, the sign's lights were not operational on Jan. 13, 2022. Patterson's car was parked in the right lane with its lights flashing to force the afternoon traffic to slow down and move into the left lane as the school let out for the day.

Without flashing lights on the sign, there was nothing to alert drivers unfamiliar with the road to slow down for school traffic. A Mississippi Highway Patrol accident reconstructionist later estimated the northbound car was doing 75 mph when it hit the rear of Patterson's car, knocking it into the officer, who was standing in the road directing traffic. Patterson was transported to the hospital in critical condition; he died about a week later.

"Part of the claim is that when you put up a sign, somebody has the duty to maintain it, and that falls on either the county or the department of transportation," said Booneville attorney Thomas Cooley, who filed the suit on behalf of Patterson's sons, Cody and Corey Patterson.

The lawsuit, which asks for unspecified damages, names both Lee County and the Mississippi Department of Transportation as defendants.

"We haven't been able to determine when the sign was damaged, but Mr. Patterson had complained to others before the accident about the speed of cars, especially northbound cars headed toward Tupelo," Cooley said.

The lawsuit accuses the defendants of failing to maintain the speed reduction sign, failing to inspect the sign, failing to remedy the dangerous situation and negligence.

At some point before the wreck, the original caution sign with large incandescent flashing lights was apparently hit by a vehicle and severely damaged. The three reflective signs were removed from the mangled pole and attached to a new galvanized pole that was installed about 10 feet away. The black square bases for the lights were added at the top and bottom, but the lights were never reinstalled.

Cooley said the metal box that originally contained the electronic controls and timers for the flashing lights was empty and had been for some time. The exposed wires had weathered and were oxidized.

The driver of the car that ran into Patterson's car remained on the scene of the wreck and cooperated fully with law enforcement and its investigation. The driver was not charged criminally and is not named as a party in this civil lawsuit.

Patterson, who would have turned 59 just weeks after the wreck, got into policing late in life but would have been able to retire in 2022. He worked in a factory for years but switched to law enforcement about 25 years ago.

He went through the police academy at age 35 and began working at the Shannon Police Department. He rose through the ranks and was named Shannon Police Chief in September 2002, a job he held for four years. He was named Verona assistant chief in the summer of 2015 and later served as interim chief for nine months.

Within the last few months, new caution signs have been installed on both sides of Shannon Primary School. The new signs include solar panels to power the eight LEDs that flash in the morning and afternoon to alert drivers of the school zone and the reduced speed limit.