City of Jackson v. Doe Ex Rel. J.J.
68 So. 3d 1285
Miss.2011Background
- Eight-year-old Jane Doe and thirteen-year-old Lisa Roe were molested in Presidential Hills Park, a City of Jackson park; case arises from MTCA immunity dispute after notice of claims; City moved for summary judgment asserting discretionary-function immunity under §11-46-9(1)(d); trial court denied; after over three years with no action, city sought interlocutory appeal; Mississippi Supreme Court reversed and rendered judgment for city on discretionary-function immunity.
- Plaintiffs allege park maintenance caused injuries and sought damages; defendants argue immunity under MTCA §11-46-9(1)(d) (discretionary function).
- Court reviews summary-judgment de novo; MTCA waives immunity but enumerates discretionary-function immunity under §11-46-9(1)(d) and independent immunity under §11-46-9(1)(v).
- Statutory interpretation shows park operation is discretionary under §55-9-29; the discretionary-function immunity applies to city park operation; §11-46-9(1)(v) immunity cannot overcome §11-46-9(1)(d).
- Conclusion: City is entitled to immunity; case reversed and rendered in favor of City.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether park operation is a discretionary function | Plaintiffs contend no discretionary duty; duty to maintain safe premises exists. | Park operation is discretionary, guided by public policy and statutory authority. | Yes; park operation is discretionary. |
| Whether §11-46-9(1)(v) can defeat discretionary immunity | Immunity can be overcome by dangerous-condition liability under (v). | Immunity under (d) is independent; (v) does not apply when (d) immunity applies. | No; (v) does not overcome (d) immunity. |
Key Cases Cited
- Jones v. Mississippi Department of Transportation, 744 So. 2d 256 (Miss. 1999) (duty to warn against known hazards remains despite discretionary acts)
- Coplin v. Francis, 631 So. 2d 752 (Miss. 1994) (premises duty to maintain reasonably safe condition)
- Barrett v. Miller, 599 So. 2d 559 (Miss. 1992) (discretionary acts and policy considerations noted in immunity analysis)
- Shaw v. Dept. of Mental Health, 45 So. 3d 656 (Miss. 2010) (structural discussion of MTCA immunity in context of discretionary function)
- City of Jackson v. Powell, 917 So. 2d 59 (Miss. 2005) (quoting Bridges; framework for discretionary-function analysis)
- Palmer v. Biloxi Reg'l Med. Ctr., Inc., 564 So. 2d 1346 (Miss. 1990) (plaintiff cannot rely solely on unsworn pleadings)
- Van v. Grand Casinos of Miss., Inc., 767 So. 2d 1014 (Miss. 2000) (summary-judgment standards and evidentiary burdens)