IMMUNITY - MISSISSIPPI

K.N. v. Moss Point School Dist.

Court of Appeals of Mississippi - November 18, 2014 - So.3d - 2014 WL 6433486

High school student was injured when a vertically placed, metal divider fell from the door of the band hall and hit her on the head. Student sued. The school district filed a motion for summary judgment, which the circuit court granted after finding that the school district was immune from liability under the discretionary-function exception. Student appealed.

The Appeals Court reversed, holding that the school district created the dangerous condition by leaving the metal divider unsecured, thereby preventing summary judgment.



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