 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
City of Jackson v. Brown12/31/1998
in this case, a gate that raises and lowers automatically so as to block a canal used by boat operators. Likewise, the public authority must provide adequate warnings of unusual obstructions or perilous conditions so as to make the route reasonably safe for those traveling on it. . . . The governmental authority owes a duty to an inattentive traveler as well as to an attentive one. Molbert v. Toepfer, 550 So. 2d 183 (La.1989)." Faucheaux v. Terrebonne Consol. Gov't, 615 So. 2d 289, 293 (La. 1993).
. Article 3, section 24 of the Mississippi Constitution of 1890 provides that all courts shall be open and "every person for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law, and right and Justice shall be administered without sale, denial, or delay." No distinction is made between private and public tortfeasors. The Browns, therefore, should have their day in court.
. Installing a guardrail between a street and a drainage ditch is part of maintaining a city street and thus is a proprietary function. Even assuming arguendo it is, as the majority, suggests, a governmental function, the City of Jackson enjoys no immunity. Pursuant to our decision in Presley, where we prospectively found that the language of Miss. Code Ann. § 11-46-3 was unconstitutional, there is a window between the date of that decision in December, 1992, and October, 1993, when the 1993 legislation became effective as to municipalities. Brown drowned in May,1993. There was no immunity shielding the City of Jackson at that time. Accordingly, I Dissent.
SULLIVAN, P.J., JOINS THIS OPINION.
|