City of Magee, Mississippi v. Connie D. Jones
2015 Miss. LEXIS 190
| Miss. | 2015Background
- In January 2007 raw sewage flooded Connie Jones’s home; Jones sued the City of Magee alleging negligent installation/maintenance of sewer lines causing property damage and illness.
- Magee moved for summary judgment in 2013, arguing MTCA discretionary-function immunity barred Jones’s claim (relying on Fortenberry).
- The trial court denied Magee’s motion, holding that once a municipality elects to operate a sewer system it assumes a ministerial duty to maintain it.
- Magee sought interlocutory review; the Mississippi Supreme Court granted review and stayed proceedings.
- The Court recognized that the prior test applied in Fortenberry was superseded by Brantley, requiring a two-step analysis: (1) determine whether the overarching function is discretionary or ministerial; (2) determine whether any narrower duty is made ministerial by statute, ordinance, or binding regulation.
- The Court vacated the trial court’s denial of summary judgment and remanded for the parties to present evidence under the Brantley standard; if Jones cannot show violation of a narrower ministerial duty, Magee is entitled to immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether MTCA discretionary-function exception bars Jones’s claim | Jones: Once Magee chose to operate sewer system, maintenance was a ministerial duty (no element of choice) | Magee: Operation and maintenance are discretionary under Section 21-27-189 and Fortenberry; thus MTCA immunity applies | Court: Remanded — overarching function is discretionary, but plaintiff may defeat immunity by proving violation of a narrower statute/ordinance/regulation making a duty ministerial (per Brantley) |
Key Cases Cited
- Fortenberry v. City of Jackson, 71 So.3d 1196 (Miss. 2011) (previously held sewage-system maintenance was a discretionary function under MTCA)
- Brantley v. City of Horn Lake, 152 So.3d 1106 (Miss. 2014) (announced new test: immunity applies to governmental functions; examine narrower ministerial duties created by statute/regulation)
- Jones v. Mississippi Department of Transportation, 744 So.2d 256 (Miss. 1999) (adopted the two-pronged public-policy function test later overruled)
- Miss. Transp. Comm’n v. Montgomery, 80 So.3d 789 (Miss. 2012) (discusses when a governmental function is discretionary)
- Lee v. Memorial Hosp. at Gulfport, 999 So.2d 1263 (Miss. 2008) (MTCA application reviewed de novo)