Legal Opinion

Samuel Wilcher, Jr. v. Lincoln County Board of Supervisors

Mississippi Supreme Court

Decided May 24, 2018No. 2016–CA–01429–SCTPublishedCited by 52 opinions

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

  1. United States v. GaubertSupreme Court of the United States · 1991
  2. Berkovitz v. United StatesSupreme Court of the United States · 1988
  3. United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984
  4. Dolcie Lawrence v. Peter Dunbar, United States of AmericaCourt of Appeals for the Eleventh Circuit · 1990
  5. Cna v. United StatesCourt of Appeals for the Third Circuit · 2008

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

3Cited by52 opinions

  1. Phyllis Maness v. K & A Enterprises of Mississippi, LLCMississippi Supreme Court · 2018
  2. City of Clinton, Mississippi v. Patrice TornesMississippi Supreme Court · 2018
  3. Fanny Hudson v. City of Yazoo City, MississippiMississippi Supreme Court · 2018
  4. Walton v. City of VeronaCourt of Appeals for the Fifth Circuit · 2023
  5. Cindy Henderson v. Copper Ridge Homes, LLCMississippi Supreme Court · 2019

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

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