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MORTON v. CITY OF SHELBY

No. 2006-CA-00255-COA.

984 So.2d 323 (2007)

Tyrone MORTON and Annie Morton, Appellants v. CITY OF SHELBY and James Carmicle, in his Individual and Official Capacity, Appellees.

Court of Appeals of Mississippi.

Rehearing Denied March 11, 2008.

Attorney(s) appearing for the Case

Sarah O'Reilly-Evans, Carrie Johnson, Clarksdale, attorneys for appellants.

Roy Jefferson Allen, Clarksdale, attorney for appellees.

Before MYERS, P.J., BARNES and ROBERTS, JJ.

BARNES, J., for the Court.

¶ 1. This suit, brought under the Mississippi Tort Claims Act ("MTCA"), arose from injuries that Tyrone Morton sustained when he was struck by a police car operated by James Carmicle, a police officer employed by the City of Shelby Police Department. Morton appeals from the Bolivar County Circuit Court's grant of summary judgment in favor of Officer Carmicle and the City of Shelby. Morton contends that the trial court erred in (1) incorrectly...

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