Legal Opinion · Concurring in part, dissenting in part

William T. Kelly v. Corinth Public Utilities Commission

Court of Appeals of Mississippi

Decided January 19, 2016No. 2013-CA-00923-COAPublished

1Concurring in part, dissenting in partJames, J.

¶ 43. I agree with the majority’s opinion that genuine issues of material fact regarding the date of accrual of Kelley’s claim under the Mississippi Tort Claims Act (MTCA) preclude summary judgment on that claim. However, I dissent from the remaining parts of the majority opinion. I would find that the following questions on appeal involve genuine issues of material fact and that it was error to grant summary judgment: (1) whether the trial court erred in dismissing Kelley’s breach-of-contract claim; (2) whether the trial court erred in finding that the Department was a political subdivision…

2Cases cited19 opinions

  1. Bowie v. Montfort Jones Memorial Hosp.Mississippi Supreme Court · 2003
  2. Rotenberry v. HookerMississippi Supreme Court · 2003
  3. Urban Developers LLC v. City of Jackson MSCourt of Appeals for the Fifth Circuit · 2006
  4. Suddith v. UNIVERSITY OF SOUTHERN MISS.Court of Appeals of Mississippi · 2007
  5. Thomas v. HilburnMississippi Supreme Court · 1995

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