Earlier this month, a Mississippi appellate court issued an interesting opinion discussing the limits on government immunity. In the case, Mississippi Transportation Commission v. Adams, the plaintiff was the estate of a man who was killed when he inadvertently rode his motorcycle into a construction zone and was involved in an accident. The court ultimately denied the government’s assertion of immunity, holding that the specific negligent act at issue was ministerial rather than discretionary.
Adams was riding his motorcycle on Interstate 10 when he accidentally entered a construction zone. As he tried to exit the construction zone safely, he struck an area where the pavement was not level, lost control, and was thrown from the motorcycle. After he fell off the bike, he was struck by at least two other passing vehicles. He died as a result of the injuries he sustained.
His estate filed a negligence lawsuit against the Transportation Commission, a government agency, claiming that the roadway was unnecessarily dangerous because the construction zone was not properly marked. One of the claims alleged that the white lines leading into the construction zone had not been covered up. The agency asserted its government immunity as a defense to the lawsuit.