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DANCY v. EAST MISSISSIPPI STATE HOSP.

No. 2005-CA-01280-SCT.

944 So.2d 10 (2006)

Glen DANCY v. EAST MISSISSIPPI STATE HOSPITAL and The Mississippi Department of Mental Health.

Supreme Court of Mississippi.

December 7, 2006.

Attorney(s) appearing for the Case

Roy Gregg Rogers, Christopher Michael Falgout, attorneys for appellant.

Eugene M. Harlow, Laurel, attorney for appellees.

Before SMITH, C.J., DIAZ and RANDOLPH, JJ.

RANDOLPH, Justice, for the Court.

¶ 1. A patient taking part in the Clearing House Unit ("CHU") Day Program at East Mississippi State Hospital ("EMSH") was injured after escaping supervision on a field trip to Wal-Mart and attempting to commit suicide by running into traffic on Highway 19. The Circuit Court of Lauderdale County found EMSH and its employees immune from liability under the discretionary function exemption of the Mississippi Tort Claims Act,

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