Narrative Opinion Summary
In this case, Bobbie Jean Lowe filed a personal injury suit against the City of Moss Point, Mississippi, after sustaining an ankle injury by falling into a hole at a municipal event. Lowe alleged negligence in the City's maintenance of Pelican Landing. The City denied negligence, asserting immunity under the Mississippi Tort Claims Act (MTCA), citing discretionary-function immunity. The Jackson County Circuit Court granted the City's motion for summary judgment, which Lowe appealed. The appellate court affirmed the trial court's decision, finding that the maintenance of the property was a discretionary function under the MTCA, thus affording the City immunity. The court reviewed the case de novo, emphasizing that governmental immunity is a legal question suitable for summary judgment. The decision to grant immunity was supported by precedents like Boroujerdi v. City of Starkville, which clarified that discretionary functions, not prescribed by statute, are immune from liability. The court found no genuine issues of material fact, affirming the City's entitlement to judgment as a matter of law, and concluded that Lowe failed to demonstrate any ministerial duty that would negate the City's immunity.
Legal Issues Addressed
Discretionary-Function Immunitysubscribe to see similar legal issues
Application: The court determined that the City's maintenance of Pelican Landing was a discretionary function, thus granting the City immunity from the lawsuit.
Reasoning: The Jackson County Circuit Court granted this motion, concluding that the City was immune based on discretionary-function immunity, which protects governmental entities when performing discretionary duties.
Governmental Immunity under Mississippi Tort Claims Actsubscribe to see similar legal issues
Application: The City of Moss Point claimed immunity from a personal injury lawsuit under MTCA for discretionary functions related to property maintenance.
Reasoning: The City denied any negligence and asserted immunity under the Mississippi Tort Claims Act (MTCA), specifically citing sections 11-46-9(1)(d) and (v).
Ministerial vs. Discretionary Functionssubscribe to see similar legal issues
Application: The court applied the framework distinguishing discretionary functions from ministerial ones to determine immunity.
Reasoning: In Boroujerdi v. City of Starkville, the Mississippi Supreme Court defined discretionary functions as those not mandated by law, relying on the judgment of government entities or employees.
Summary Judgment and Governmental Immunitysubscribe to see similar legal issues
Application: Summary judgment was appropriate as governmental immunity is a legal question that can be resolved without material factual disputes.
Reasoning: The court emphasized that governmental immunity is a legal question appropriate for summary judgment, which was reviewed de novo.