BURTON v. CHOCTAW COUNTY

No. 95-CA-00071-SCT.

730 So.2d 1 (1997)

Delsie BURTON, Administratrix of the Estate of Evie Burton, Deceased v. CHOCTAW COUNTY, Mississippi; Choctaw County Hospital d/b/a Choctaw County Nursing Home; Homer Mack Martin, Director of Said Nursing Home in his Representative Capacity; The Collective Board of Trustees of the Choctaw County Hospital and the Individual Members Therof: R.T. McKnight, Jim Cresap, Sammy Whitmire, Don Threadgill, Samuel V. Kennedy, Frank Randall, and Sharon Castle, in their Respresentative Capacities; and Rochelle Moore.

Supreme Court of Mississippi.

Rehearing Denied April 22, 1999.


Attorney(s) appearing for the Case

Rabun Jones, Howard Dyer, III, Dyer Dyer Jones & Daniels, Greenville, Attorneys for Appellant.

J. Lawson Hester, Hubbard T. Saunders, IV, Crosthwait Terney, Jackson; Ronald S. Wright, Ackerman; George M. Mitchell, Jr., Eupora; C. Hugh Hathorn, Louisville, Attorneys for Appellee.

Before SULLIVAN, P.J., and McRAE and JAMES L. ROBERTS, Jr., JJ.


McRAE, Justice, for the Court:

¶ 1. In this appeal, we are asked to determine whether the circuit court committed reversible error in granting summary judgment on the plaintiff's state law claims on the grounds of sovereign immunity. Because we find that genuine issues of material fact remained as to whether professional services were involved in this case, and because the exclusionary clause under review in this case was ambiguous, we answer in the affirmative...

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