Mississippi Dept. of Transportation v. Nosef
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The issue before the Supreme Court in this case concerned an interlocutory appeal of the Mississippi Department of Transportation (MDOT) which sought review of the denial of its motion for summary judgment in a wrongful-death action filed by the beneficiaries of A.J. Cowart (Nosef). Cowart drove into an unmarked culvert and flipped his car. Cowart was taken to the hospital where he later died. Nosef filed this suit against MDOT, claiming that MDOT's failure to place warning signs around the culvert resulted in the accident that caused Cowart's death. MDOT claimed in its motion that it was immune from liability under the state Tort Claims Act. The circuit court denied the motion, finding that the law imposed a ministerial duty to place warning signs around highway culverts which had not been abrogated or repealed. Upon review, the Supreme Court agreed with the circuit court and affirmed the denial of summary judgment.
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