97 So. 3d 80
Miss. Ct. App.2011Background
- Dr. Pratt, a U.S. Air Force physician, sues Gulfport-Biloxi Regional Airport Authority under MTCA after slipping on wet, uncovered aluminum airstairs during a construction project.
- Airstairs were temporarily attached to the terminal and partially covered with anti-slip tape; the surface had central taped area but uncovered side portions.
- Rain made the stairs wet; Pratt fell while descending and holding a handrail, stepping on an uncovered surface.
- Airport sought summary judgment asserting MTCA discretionary-function and open-and-obvious-danger immunities; circuit court granted summary judgment on both grounds.
- Court holds there are genuine issues of material fact on both immunities and remands for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether discretionary-function immunity applies | Pratt argues decisions about tape application were not policy-driven. | Airport contends center-tape decision involved policy-level discretion. | Genuine issues exist; immunity not established as a matter of law. |
| Whether the open and obvious doctrine bars Pratt's claim | Dissenting, Forbes affidavit shows danger not obvious. | Airport argues danger obvious due to rain and uncovered surface. | Genuine issues of fact exist on openness/obviousness. |
Key Cases Cited
- Willing v. Estate of Benz, 958 So.2d 1240 (Miss. Ct. App. 2007) (limits ministerial vs. policy-function analysis under MTCA)
- Jones v. Mississippi Dep’t of Transp., 744 So.2d 256 (Miss. 1999) (two-part public-policy-function test for discretionary immunity)
- Gaubert, 499 U.S. 315 (Supreme Court 1991) (discretionary function immunity requires policy-driven judgment)
- Will ing v. Estate of Benz, 958 So.2d 1240 (Miss. Ct. App. 2007) (discretionary-function analysis framework)