Little v. Mississippi Department of Transportation

129 So. 3d 132 (2013)

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Little v. Mississippi Department of Transportation

Mississippi Supreme Court
129 So. 3d 132 (2013)

SC

Facts

A large tree fell across a highway in Mississippi, causing a car accident that injured Floyd Little, Roger Pierce, and Kelly Sykes (the drivers) (plaintiffs). The drivers sued the Mississippi Department of Transportation (the department) (defendant) under the Missouri Tort Claims Act, claiming that the department was negligent in its failure to promptly remove the tree. The circuit court held that the department was entitled to discretionary-function immunity. The court thus granted the department’s motion to dismiss. The court of appeals affirmed. The drivers appealed.

Rule of Law

Issue

Holding and Reasoning (Coleman, J.)

Dissent (Waller, C.J.)

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