Pratt v. Gulfport-Biloxi Regional Airport Authority
97 So. 3d 68
| Miss. | 2012Background
- Pratt slipped on temporary metal airstairs at Gulfport-Biloxi Regional Airport while construction was underway.
- GBRAA borrowed the stairs, attached modifications, and added anti-slip tape; no cover over the platform or stairs; anti-slip tape covered the platform and only a central two-foot strip on each step was tape.
- Pratt exited the terminal in rain, used the airstairs to access the tarmac, and fell down the entire length of the stairs.
- Pratt sued GBRAA for negligent maintenance and warnings; GBRAA moved for summary judgment claiming MTCA discretionary-function immunity and open-and-obvious condition; circuit court granted summary judgment.
- Court of Appeals reversed, finding genuine issues of material fact; MS Supreme Court granted certiorari and reversed the Court of Appeals, reinstating the circuit court’s grant of summary judgment.
- Court held that operating an airport is a discretionary function and day-to-day airport decisions, including safety precautions like anti-slip tape placement, involve policy considerations; GBRAA thus enjoys MTCA immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether discretionary-function immunity applies to GBRAA’s day-to-day airport operations. | Pratt argues the alleged negligence was a maintenance error, not a policy decision. | GBRAA contends day-to-day operational decisions are discretionary and immune under MTCA. | Discretionary-function immunity applies; GBRAA is immune. |
| Whether social, economic, or political policy considerations are involved in the challenged conduct. | Not explicitly stated beyond maintenance negligence. | Operations decisions inherently involve public policy considerations. | Second prong satisfied; immunity applies. |
Key Cases Cited
- City of Jackson v. Doe ex rel. J.J., 68 So.3d 1285 (Miss. 2011) (operation of a public park deemed discretionary; public policy considerations applied to immunity)
- Mississippi Dep’t of Mental Health v. Shaw, 45 So.3d 656 (Miss. 2010) (fundraiser operation deemed discretionary; immunity applied)
- Montgomery v. Miss. Transp. Comm’n, 80 So.3d 789 (Miss. 2012) (two-part public-policy function test for discretionary immunity)
- Dancy v. E. Miss. State Hosp., 944 So.2d 10 (Miss. 2006) (discretionary vs ministerial function standard)
- Will ing v. Estate of Benz, 958 So.2d 1240 (Miss. Ct. App. 2007) (day-to-day management involves judgment within discretionary framework)
- U.S. v. Gaubert, 499 U.S. 315 (1991) (policy considerations in discretionary acts; day-to-day decisions can be discretionary)