McFarland v. Miss. Dep't of Transp.
| Docket Number: | 2010-CA-01647-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-06-2012 Opinion Author: Barnes, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Tort Claims Act - Discretionary duty - Maintenance of highways - Section 11-46-9(1)(d) Judge(s) Concurring: Irving and Griffis, P.JJ., Ishee, Carlton, Maxwell and Fair, JJ. Dissenting Author : Roberts, J. Dissent Joined By : Lee, C.J., and Russell, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 09-13-2010 Appealed from: Copiah County Circuit Court Judge: Lamar Pickard Case Number: 2009-0306 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Mindy Phillips McFarland and Robin Phillips |
JOHN NEWTON SATCHER II
GARY DALE THRASH |
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| Appellee: | Mississippi Department of Transportation | MARK D. MORRISON |
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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 - Discretionary duty - Maintenance of highways - Section 11-46-9(1)(d) |
| Summary of the Facts: | After crashing her vehicle and sustaining several physical injuries, Mindy McFarland and her mother and the owner of the car, Robin Phillips, filed a complaint, alleging that the Mississippi Department of Transportation was negligent for its failure to identify and repair the dangerous condition. The circuit court granted summary judgment in favor of the MDOT. McFarland appeals. |
| Summary of Opinion Analysis: | Section 11-46-9(1)(d) provides that a governmental agency is immune from liability for any act based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a governmental entity or employee thereof. To determine whether governmental conduct is discretionary, a court must address two questions: whether the activity involved an element of choice or judgment; and if so, whether the choice or judgment in supervision involves social, economic or political policy alternatives. McFarland argues that MDOT did not furnish proof that its failure to repair the shoulder of the highway involved a social, economic, or political policy. It is well settled that the maintenance of state highways is a discretionary function. While MDOT may have had the resources available to repair the shoulder, scheduling of the repair and using its five workers in Copiah County, was a judgment involving social and economic policy. It was MDOT’s policy decision how to utilize its resources most effectively. Therefore, MDOT was immune from liability under section 11-46-9(1)(d). |
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