IMMUNITY - MISSISSIPPI

Wilcher v. Lincoln County Board of Supervisors and City of Brookhaven, Mississippi

Supreme Court of Mississippi - May 24, 2018 - So.3d - 2018 WL 2371859

Motorist brought action against county and city to recover for injuries sustained when his vehicle crashed into a large hole left in the road overnight during bridge construction.

The Circuit Court dismissed claim on grounds of discretionary-function immunity. Motorist appealed.

The Supreme Court of Mississippi held that:

Lack of barricades or warnings to drivers regarding the presence of a large pit or ditch left in the road overnight by construction workers during bridge construction was not the result of a policy decision, and thus discretionary-function immunity did not shield city and country from liability for negligence in action brought by motorist alleging that he sustained injuries when his vehicle crashed into the hole.



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