Samuel Wilcher, Jr. v. Lincoln County Board of Supervisors
Mississippi Supreme Court
1Opinion of the Court
MAXWELL, JUSTICE, FOR THE COURT:
¶ 1. The trial court granted the Lincoln County Board of Supervisors' and the City of Brookhaven, Mississippi's motions to dismiss Samuel Wilcher, Jr.'s personal injury suit, finding both governmental entities enjoyed discretionary-function immunity. In doing so, the judge employed this Court's recently created " Brantley " test. 1
¶ 2. On appeal, we face head on one of the unintended but predicted consequences of Brantley -that the test forces parties and judges to wade through an ever-deepening quagmire of regulations and ordinances to locate "ministerial" or…
2Cases cited25 opinions
- United States v. GaubertSupreme Court of the United States · 1991
- Berkovitz v. United StatesSupreme Court of the United States · 1988
- United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984
- Dolcie Lawrence v. Peter Dunbar, United States of AmericaCourt of Appeals for the Eleventh Circuit · 1990
- Cna v. United StatesCourt of Appeals for the Third Circuit · 2008
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3Cited by52 opinions
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- Walton v. City of VeronaCourt of Appeals for the Fifth Circuit · 2023
- Cindy Henderson v. Copper Ridge Homes, LLCMississippi Supreme Court · 2019
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