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Little v. Mississippi Department of Transportation
Mississippi Supreme Court
129 So. 3d 132 (2013)
- Written by Sean Carroll, JD
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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