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Judgment As A Matter Of Law In Defense of a Local Municipality

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January 2012

Obtained judgment as a matter of law in defense of a local municipality where the plaintiff motorcyclist struck an abandoned vehicle on the shoulder of an interstate highway, causing serious personal injuries.  The plaintiff claimed the local municipality should have removed the abandoned vehicle prior to the accident.  The Court held the municipality's duty was discretionary, and the municipality was immune under the Mississippi Tort Claims Act.