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CITY OF NEWTON v. LOFTON

No. 2001-CA-01919-COA.

840 So.2d 833 (2003)

CITY OF NEWTON, Appellant v. Bernice LOFTON, Appellee.

Court of Appeals of Mississippi.

March 25, 2003.

Attorney(s) appearing for the Case

Jay R. McLemore, Ridgeland, Diane V. Pradat, Jackson, for appellant.

P. Shawn Harris, for appellee.

Before McMILLIN, C.J., THOMAS and CHANDLER, JJ.

THOMAS, J., FOR THE COURT:

¶ 1. The City of Newton was found 95% negligent by failing to warn and protect Bernice Lofton, who was an invitee, against dangers present at the construction site near Newton Middle School in Newton, Mississippi. Aggrieved, the City of Newton asserts the following on appeal:

I. THE TRIAL COURT ERRED AS A MATTER OF LAW IN MISAPPLING THE RELEVANT PORTIONS OF THE MISSISSIPPI TORT CLAIMS ACT.

II. THE TRIAL COURT ERRED IN...

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