Photo by Alan Standton [Some rights reserved]
In an interesting MTCA immunity case, the Mississippi Court of Appeals recently reversed a judgment against the City of Natchez. The case involved a fall caused by part of a sidewalk collapsing. The circuit court found that the City was liable but reduced the judgment by 50% for the contributory negligence of the plaintiff.
The Court of Appeals reversed the circuit court finding that he City is immune under the discretionary-function-exemption provision of the MCTA. According to this case, a City has no duty to repair its streets and sidewalks. The City also has duty to warn of dangerous conditions on its streets and sidewalks.
The Court concluded that in the absence of a statute imposing such a duty, the decision to make repairs is discretionary which means that the City was immune.