Discretionary Functions and Traffic Accident

The Court of Appeals decided Timothy Mixon v. MDOT  yesterday with dealing with the immunity of MDOT for a traffic accident.   Mixon collided with an MDOT vehicle that was parked partly in the lane and as he went around the vehicle, it pulled out and the two vehicles collided.    The trial court granted summary judgment for MDOT on the grounds that it was immune from suit under the discretionary function exemption of the Mississippi Tort Claims Act.  The Court of Appeals reversed.  The following language is the key portion:

"Notwithstanding the provisions of sections 63-3-303, the act giving rise to the injuries  here is not the placement or maintenance of a traffic-control device—but rather Robert’s alleged negligent operation of the pickup. And although Robert may have been performing a discretionary function on the day of the collision, Mississippi law does not authorize governmental employees to violate traffic regulations en route to and from the site at which a discretionary function is performed."