Bobbie Jean Lowe v. City of Moss Point, Mississippi, a Municipal Corporation, 243 So. 3d 753

On Oct. 20, 2012, Lowe attended a public event at Pelican Landing, a community rental property owned by the City of Moss Point; she stepped in a grass-covered hole there, fell, and injured her ankle.
Lowe sued the City for negligence in maintaining the lawn/grounds at Pelican Landing, alleging proximate causation of her injury.
The City denied negligence and moved for summary judgment asserting immunity under the Mississippi Tort Claims Act (MTCA), specifically Miss. Code Ann. § 11-46-9(1)(d) (discretionary-function immunity).
The Jackson County Circuit Court granted summary judgment for the City, holding the lawn maintenance/ownership functions were discretionary and thus immune under § 11-46-9(1)(d).
Lowe appealed; the Court of Appeals reviewed de novo and affirmed the trial court, finding no statute or regulation converted the allegedly narrower duty into a ministerial one.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the City is immune under MTCA § 11-46-9(1)(d) for injuries from lawn/grounds at municipal property	Lowe: City’s ownership, care, and control of Pelican Landing (including lawn maintenance) is a ministerial duty imposed by statutes, so immunity does not apply	City: Ownership and maintenance decisions are discretionary; no statute mandates specific maintenance, so § 11-46-9(1)(d) immunity applies	Court: Held City immune. Both the broad function (owning/holding property) and the narrower act (lawn maintenance) are discretionary; no statute made the narrower duty ministerial

Brantley v. City of Horn Lake, 152 So. 3d 1106 (explains discretionary vs. ministerial function test and burden to show a narrower duty rendered ministerial)
Boroujerdi v. City of Starkville, 158 So. 3d 1106 (defines discretionary duty as one not imposed by law and dependent on governmental judgment)
Pratt v. Gulfport-Biloxi Reg’l Airport Auth., 97 So. 3d 68 (discusses distinction between discretionary and ministerial duties)
Little v. Miss. Dep’t of Transp., 129 So. 3d 132 (ministerial functions are those positively imposed by law)
Miss. Transp. Comm’n v. Adams, 197 So. 3d 406 (explains that statutes can render broad functions ministerial or narrow duties discretionary)
City of Natchez v. De la Barre, 145 So. 3d 729 (where no duty is imposed by law, the function is discretionary)