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ALEXANDER v. NEWTON COUNTY

No. 2012-CA-00060-COA.

124 So.3d 688 (2013)

Benjamin D. ALEXANDER, Appellant v. NEWTON COUNTY, Mississippi, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied September 3, 2013.

Certiorari Denied October 31, 2013.

Attorney(s) appearing for the Case

Rance N. Ulmer , attorney for appellant.

Roy Jefferson Allen , attorney for appellee.

Before LEE, C.J., ISHEE and ROBERTS, JJ.

ISHEE, J., for the Court:

¶ 1. Benjamin D. Alexander filed a negligence suit against Newton County, Mississippi. After three years of litigation, Newton County was granted summary judgment based on governmental immunity under the Mississippi Tort Claims Act (MTCA). Alexander now appeals the grant of summary judgment in favor of Newton County, arguing the County waived the affirmative defense of immunity by failing to pursue the defense and participating in litigation...

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