Pratt v. Gulfport-Biloxi Reg'l Airport Auth.
| Docket Number: | 2009-CT-01202-SCT Linked Case(s): 2009-CA-01202-COA ; 2009-CA-01202-COA ; 2009-CT-01202-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 09-06-2012 Opinion Author: Carlson, P.J. Holding: Court of Appeals reversed; Circuit court reinstated and affirmed. |
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| Additional Case Information: |
Topic: Personal injury - Tort Claims Act - Political subdivision - Section 11-46-1(g) and (i) - Discretionary function - Public policy function test - Operation of airport - Section 61-3-15 - Section 61-3-23 Judge(s) Concurring: Dickinson, P.J., Lamar and Pierce, JJ. Dissenting Author : Chandler, J. Dissenting Author : Kitchens, J. Dissent Joined By : Joined In Part by Chandler, J. Dissenting Author : Waller, C.J. Dissent Joined By : Chandler, J.; Kitchens, J. Joins In Part. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY Writ of Certiorari: Granted |
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| Trial Court: |
Date of Trial Judgment: 07-02-2009 Appealed from: Harrison County Circuit Court Judge: Lawrence P. Bourgeois, Jr. Disposition: SUMMARY JUDGMENT ENTERED FOR THE APPELLEE Case Number: A2401-2006-104 |
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| Note: | The Supreme Court found that the Appellee qualified for immunity under the MTCA and reversed the Court of Appeals and affirmed the trial court's granting of summary judgment. The original Court of Appeals opinion can be found at http://courts.ms.gov/Images/Opinions/CO68664.pdf . | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Dr. Jerry Pratt |
KENNETH M. ALTMAN
JASON JOSEPH RUIZ |
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| Appellee: | Gulfport-Biloxi Regional Airport Authority d/b/a Gulfport-Biloxi International Airport | CY FANECA TRACE D. MCRANEY |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Personal injury - Tort Claims Act - Political subdivision - Section 11-46-1(g) and (i) - Discretionary function - Public policy function test - Operation of airport - Section 61-3-15 - Section 61-3-23 |
| Summary of the Facts: | Dr. Jerry Pratt slipped and fell down a set of stairs at the Gulfport-Biloxi Regional Airport. Pratt filed suit against the Gulfport-Biloxi Regional Airport Authority, alleging negligence and claiming he suffered injuries as a result of the fall. GBRAA moved for summary judgment. The court granted the motion. Pratt appealed, and the Court of Appeals reversed the trial court’s grant of summary judgment and remanded the case. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | The Tort Claims Act provides the exclusive remedy for claims against government entities. It is undisputed that GBRAA is a political subdivision subject to the Act under sections 11-46-1(g) and (i). According to the Act, governmental entities are not liable for claims arising from discretionary functions. A two-part public-policy function test is applied to determine whether conduct is considered a discretionary function subject to immunity. The Court first must ascertain whether the activity in question involved an element of choice or judgment. If so, the Court also must decide whether that choice or judgment involved social, economic, or political-policy considerations. A duty or an activity is discretionary if it is not imposed by law and depends upon the judgment or choice of the government entity or its employee. At the summary judgment hearing, the parties agreed that the activity at issue – placing anti-slip tape on the temporary airstairs – was not a ministerial function, as there are no laws or regulations pertaining to this activity. However, the act of placing anti-slip tape on the stairs is not the “function” at issue. The function at issue is the operation of the airport. The state does not have a statutory obligation to provide and operate airports for its citizens. A decision by the state, county, municipality, or other governmental entity to operate an airport is discretionary. Day-to-day operational decisions, such as actions taken while construction is underway, fall under the overall function of operating the airport. The fact that day-to-day decisions may be “routine or frequent” does not remove them from protection as discretionary functions attendant to the operation of the airport. Should an entity choose to operate an airport, it is subject to the Airport Authorities Law. The powers of an airport authority are set out in sections 61-3-15 and 61-3-23. Actions that are part of the airport’s operation, which are for a public purpose and matters of public necessity, would satisfy the second prong of the public-policy function test in this case. The use of the airstairs for temporary access to the tarmac, adding anti-slip tape to the stairs, and other decisions made during construction were for the convenience and safety of the airport patrons. These are daily operational decisions that fall under the overall operation of the airport. GBRAA’s operation of the airport involves social and economic policy considerations, satisfying the second part of the public-policy function test. Thus, GBRAA is entitled to discretionary-function immunity under the MTCA, and the circuit court correctly granted summary judgment in favor of GBRAA. |
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