124 So. 3d 688
Miss. Ct. App.2013Background
- Alexander sued Newton County for negligence after a gravel-road incident involving a road grader backing up and failing to keep a lookout.
- Alexander filed the complaint on November 21, 2008; the County answered with MTCA immunity defenses.
- Discovery occurred for about three years; the County later sought summary judgment on MTCA discretionary-function immunity.
- The trial court granted summary judgment, holding MTCA immunity applied and waived none, portions contested by Alexander.
- Alexander argued the County waived MTCA immunity by delaying its pursuit of the defense while actively participating in litigation.
- The Mississippi Supreme Court reversed, finding the delay unreasonable and the defense waived, remanding for reinstatement of the action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of MTCA immunity due to delay | Alexander asserts the County waived immunity by delaying. | Newton County argues no waiver since discovery was needed to establish discretionary immunity. | Waiver found; immunity defense untimely and abandoned. |
Key Cases Cited
- Grimes ex rel. Grimes v. Warrington, 982 So.2d 365 (Miss.2008) (unexplained delay despite available evidence waives MTCA immunity)
- Adam v. Horton, 947 So.2d 887 (Miss.2007) (unasserted defenses during litigation with active participation waive rights)
- Horton v. Miss. Tech. Ct., 926 So.2d 167 (Miss.2006) (eight-month delay plus participation yields waiver)
- Stuart v. Univ. of Miss. Med. Ctr., 21 So.3d 544 (Miss.2009) (delay over two years in MTCA context deemed unreasonable and excusable)