Kathryn Breard Platt of our Mississippi office recently prevailed in a sovereign immunity case filed in the Circuit Court of Pearl River County. In that case, plaintiff alleged an employee of the defendant, a public hospital, failed to properly secure her wheelchair in a shuttle bus and that plaintiff overturned when the bus took a turn, causing injury. Defendant filed a motion to dismiss based on immunity because operation of the shuttle bus was a discretionary function. The trial court denied the motion to allow plaintiff the opportunity to conduct discovery as to whether any rule, regulation or statute applied so as to make the defendant’s actions ministerial. After plaintiff failed to answer requests for admissions, failed to identify any rule, regulation or statue that applied, and failed to designate any experts, defendant moved for summary judgment and prevailed.
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