Mississippi Transport. Comm'n v. Montgomery
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Petitioner Sylvia Montgomery filed suit against the Mississippi Transportation Commission (Commission) after she was injured when her car struck a pothole in the northbound lane of Interstate 55 near Vaughan. The Commission filed a motion for summary judgment, claiming it was exempt from liability under several provisions of the Mississippi Torts Claim Act (MTCA). The circuit court denied the Commission’s motion. A three-justice panel of the Supreme Court granted the Commission’s petition for interlocutory appeal. Upon review of the parties’ briefs and the record, the Court found the trial court erred by not determining whether the duty to warn of a dangerous condition on the highway is a discretionary duty under the "public-function test." Accordingly, the Court reversed the trial court’s denial of the Commission’s motion for summary judgment and remanded the case for further proceedings.
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