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CHISOLM v. MISSISSIPPI DEPT. OF TRANSP.

Nos. 2003-CT-02526-SCT, 2004-CT-00440-SCT.

942 So.2d 136 (2006)

Oliver David CHISOLM, Jr., Oliver David Chisolm, III, Carolyn Elizabeth Chisolm and Kayla Louisa Chisolm v. MISSISSIPPI DEPARTMENT OF TRANSPORTATION. Linda Pugh v. Mississippi Department of Transportation.

Supreme Court of Mississippi.

November 9, 2006.

Attorney(s) appearing for the Case

David M. Sessums, Vicksburg, attorney for appellant.

G. Kenner Ellis, Greenville, attorney for appellee.

EN BANC.

ON WRIT OF CERTIORARI

DICKINSON, Justice, for the Court.

¶ 1. In these consolidated suits, the trial courts granted summary judgment to the Mississippi Department of Transportation ("MDOT"), finding that it could not be held liable for the negligence of its independent contractor, Great River Stone Company ("Great River"), and also that it qualified for immunity under the Mississippi Tort Claims Act, Miss.Code Ann. § 11-46-9(1) (Rev.2002...

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