Mississippi Transportation Commission ex rel. Moore v. Allday

¶ 12. I disagree with the majority’s conclusion that the Transportation Commission was protected by sovereign immunity on the date of Allday’s accident. Allday was injured on September 13, 1992, three days before the Legislature passed a revised version of Miss. Code Ann. § 11-46-6 and two weeks after our decision in Presley v. Mississippi State Highway Comm’n, 608 So.2d 1288 (Miss.1992). Since Presley was prospective, there is a window period between the time we found the statute unconstitutional and when the legislature attempted to remedy the problem. Moreover, because only a plurality of…