Legal Opinion · Concurrence

Alesa Dawn Crum v. City of Corinth

Mississippi Supreme Court

Decided January 14, 2016No. 2013-CA-01977-SCTPublished

1ConcurrenceRandolph, Presiding Justice

¶21. While the result reached by the plurality is correct, I maintain that the analysis first adopted by this Court in Jones v. Mississippi Department of Transportation2 simplifies the inquiry and would result in more predictive results for plaintiffs and defendants alike. I agree that the trial court erred in granting immunity under the discretionary-function exception of the Mississippi Tort Claims Act. The fact remains that an employee of the City’s street department dislodged a manhole cover while mowing, which caused water to enter and flood Crum’s house. I fail to see how mowing grass…

2Cases cited8 opinions

  1. United States v. GaubertSupreme Court of the United States · 1991
  2. State Ex Rel. Moore v. MolpusMississippi Supreme Court · 1991
  3. Jones v. Mississippi Dept. of Transp.Mississippi Supreme Court · 1999
  4. William T. Brantley v. City of Horn Lake, MississippiMississippi Supreme Court · 2014
  5. Dancy v. EAST MISSISSIPPI STATE HOSP.Mississippi Supreme Court · 2006

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API