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SIMPSON COUNTY v. McELROY

No. 2009-CA-01874-COA.

82 So.3d 621 (2011)

SIMPSON COUNTY, Mississippi, Appellant v. Don F. McELROY, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied August 16, 2011.

Certiorari Granted August 16, 2011.

Certiorari Dismissed March 15, 2012.

Attorney(s) appearing for the Case

William Robert Allen , Robert O. Allen , Brookhaven, attorneys for appellant.

W. Terrell Stubbs , attorney for appellee.

Before LEE, C.J., BARNES and MAXWELL, JJ.

MAXWELL, J., for the Court:

¶ 1. Don McElroy sued Simpson County, Mississippi, for failing to warn him of a dangerous road condition caused by a rain storm. The County claimed it was entitled to sovereign immunity under Mississippi Code Annotated section 11-46-9(1) (Supp. 2010). The circuit court rejected the County's immunity-based defense and instead found the County liable under section 11-46-9(1)(b) for failing to exercise ordinary care in placing warning...

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