Little v. Mississippi Department of Transportation

¶ 18. I agree that the Mississippi Department of Transportation (“MDOT”)3 is required to inspect and maintain state highways; however, the implementation of maintenance is discretionary because it involves decisions made by employees which must be based on considerations of public policy. Because of this Court’s longstanding bright-line rule that road maintenance and repair is discretionary, I respectfully dissent.

¶ 19. In Mississippi Transportation Commission v. Montgomery, 80 So.3d 789 (Miss.2012), we wrote that, if Section 65-1-65 was “the only statutory provision at issue, we would find…