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LITTLE v. MISSISSIPPI DEPT. OF TRANSP.

No. 2011-SA-00693-COA.

129 So.3d 192 (2012)

Floyd K. LITTLE, Estate of Roger D. Pierce and Kelly Sykes, Appellants v. MISSISSIPPI DEPARTMENT OF TRANSPORTATION, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied March 19, 2013.

Attorney(s) appearing for the Case

A. Malcolm N. Murphy , Mark A. Maples , Lucedale, attorneys for appellants.

Trace D. McRaney , Gulfport, attorney for appellee.

Before IRVING, P.J., RUSSELL and FAIR, JJ.

IRVING, P.J., for the Court:

¶ 1. On February 16, 2006, Floyd K. Little, Roger D. Pierce, and Kelly Sykes1 filed suit in the George County Circuit Court against the Mississippi Department of Transportation (MDOT) for damages sustained as the result of a fallen tree. MDOT answered the complaint and subsequently filed a motion to dismiss for failure to state a claim, declaring immunity pursuant to the Mississippi Tort Claims Act (MTCA...

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