Defendant's Attorney: Mississippi Attorney General's Office

Description: Tupelo, Mississippi, personal injury lawyer represented the Plaintiff on a governmental tort claim wrongful death claim.

ohnny Patterson was struck and killed by a vehicle while acting within the course andscope of his employment as a school resource officer. Allegedly, the accident was the result,in part, of an inoperable warning sign on a roadway maintained by the Mississippi Department of Transportation (MDOT). In response, Patterson’s two adult sons, Cody andCorey Patterson, filed an action against the MDOT for the negligent, wrongful death of theirfather. MDOT moved for summary judgment, seeking immunity under the Mississippi TortClaims Act (MTCA). MDOT claimed that as a state-government entity, it was immune fromsuit because Patterson’s employer, Lee County School District, had paid workers’compensation benefits and was another state-government entity. The sons disagreed. Theyargued also that, if MDOT was immune, then Mississippi Code Section 11-46-9(1)(l) (Rev.2019) violated the state and federal constitutions.

Outcome: he trial court granted MDOT’s motion for summary judgment and denied the sons’motion challenging the constitutionality of Section 11-46-9(1)(l). On appeal, the sons arguethat (1) Section 11-46-9(1)(l) is inapplicable, and (2) if MDOT is immune, Section 11-46-9(1)(l) is unconstitutional.

Affirmed

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