Timothy B. Mixon v. Mississippi Department of Transportation

IRVING, P.J.,

for the Court:

¶ 1.- The Circuit Court of Noxubee County granted summary judgment in favor of the Mississippi Department of Transportation (MDOT) pursuant to the Mississippi Tort Claims Act (MTCA), specifically Mississippi Code Annotated section 11-46-9(l)(d) (Rev.2012). 1 In this appeal, this Court is called upon to decide whether the MTCA- shields MDOT . from liability. Finding that it does not, we reverse and remand for further proceedings.

FACTS

¶ 2. On January 21, 2009, Robert and passenger Samuel Clark, both MDOT employees, while in the course and scope of their employment,…