Simpson County v. McElroy

MAXWELL, J.,

for the Court:

¶ 1. Don McElroy sued Simpson County, Mississippi, for failing to warn him of a dangerous road condition caused by a rain storm. The County claimed it was entitled to sovereign immunity under Mississippi Code Annotated section 11-46-9(1) (Supp. 2010). The circuit court rejected the County’s immunity-based defense and instead found the County liable under section ll-46-9(l)(b) for failing to exercise ordinary care in placing warning signs along the road.

¶ 2. We find the circuit court erroneously applied Mississippi Code Annotated section ll-46-9(l)(b) and also failed…