McFarland v. Mississippi Department of Transportation
2012 Miss. App. LEXIS 125
| Miss. Ct. App. | 2012Background
- McFarland and Phillips sued MDOT for negligent maintenance of Highway 27 shoulder after a drop-off forced McFarland off the roadway.
- McFarland crossed the fog line; the shoulder drop-off was three inches or more and the car struck a tree, injuring McFarland.
- MDOT moved for summary judgment, arguing discretionary-function immunity under MTCA §11‑46‑9(1)(d).
- The circuit court granted summary judgment in MDOT’s favor; Appellants appeal the immunity ruling.
- Appellants contend the decision to repair shoulders was not a policy-driven discretionary act; MDOT contends maintenance is discretionary and immune.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is MDOT entitled to MTCA discretionary-function immunity? | McFarland argues MDOT’s failure to repair was not policy-driven. | MDOT asserts shoulder maintenance is a discretionary function immune from liability. | Yes, immunity applies. |
| Did MDOT’s shoulder maintenance decisions involve social, economic, or political policy? | Yes; scheduling and prioritization show policy-driven choices. | Yes, but the decision was a policy-level choice about resource use. | Yes, MDOT’s decisions involved policy considerations. |
| Was the summary-judgment grant appropriate given material disputes about timing and priority of repairs? | There were factual disputes about whether repairs were timely. | Resources and discretion foreclose liability as a matter of law. | No reversible error; summary judgment affirmed. |
Key Cases Cited
- Wiltshire v. Miss. Fairgrounds Comm'n, 75 So. 3d 563 (Miss. Ct. App. 2011) (discretionary function immunity to avoid second-guessing policy decisions)
- Jones v. Miss. Dep't of Transp., 744 So. 2d 256 (Miss. 1999) (discretionary function analysis; policy decisions protected)
- Knight v. Miss. Transp. Comm'n, 10 So. 3d 962 (Miss. Ct. App. 2009) (two-prong test for discretion: choice/judgment and policy alternatives)
- Lee v. Miss. Dep't. Of Transp., 37 So. 3d 73 (Miss. Ct. App. 2009) (maintenance decisions are discretionary; resource allocation matters)
- Dancy v. E. Miss. State Hosp., 944 So. 2d 10 (Miss. 2006) (policy considerations in discretionary decisions; context of discretion)