Little v. Mississippi Department of Transportation

IRVING, P.J.,

for the Court:

¶ 1. On February 16, 2006, Floyd K. Little, Roger D. Pierce, and Kelly Sykes1 filed suit in the George County Circuit Court against the Mississippi Department of Transportation (MDOT) for damages sustained as the result of a fallen tree. MDOT answered the complaint and subsequently filed a motion to dismiss for failure to state a claim, declaring immunity pursuant to the Mississippi Tort Claims Act (MTCA). The circuit court denied the motion.2 On July 24, 2010, MDOT filed its second renewed motion to dismiss for failure to state a claim, which the circuit court…