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JONES v. MISSISSIPPI DEPT. OF TRANSP.

Nos. 1998-CA-01210-SCT, 1998-CA-01211-SCT.

744 So.2d 256 (1999)

Sarah JONES and Lottie Still v. MISSISSIPPI DEPARTMENT OF TRANSPORTATION, Tunica County, Tunica County Board of Supervisors and Other Unknown Defendants. James L. Still and Lottie Still v. Mississippi Department Of Transportation, Tunica County, Tunica County Board of Supervisors and Other Unknown Defendants.

Supreme Court of Mississippi.

Rehearing Denied September 2, 1999.

Attorney(s) appearing for the Case

D. Briggs Smith, Jr., Hernando, Attorney for Appellants.

Robert H. Harper, Jim Fraiser, Jackson, James T. McColgan, III, Marcy L. Dodds, Memphis, TN, Attorneys for Appellees.

BEFORE SULLIVAN, P.J., BANKS AND WALLER, JJ.

BANKS, Justice, for the Court:

¶ 1. Here we are asked to determine whether the MDOT's and a county's failure to place traffic control devices on a road is a discretionary act under the Tort Claims Act entitling the county to immunity from appellants' suit to recover for injuries sustained in an automobile accident on the road. We conclude that, although the failure to place the traffic control devices was a discretionary act, the MDOT and the county had a duty...

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