Mississippi High Court Tosses Out Appeal

March 21, 2012

An appeal from Don F. McElroy, who claims he is owed compensation from Simpson County for injuries he suffered in a 2004 accident, won’t be heard by the Mississippi Supreme Court.

The Supreme Court, in a 7-1 decision this week, says it had looked over documents submitted by McElroy and concluded “there is no need for further review.”

The state Court of Appeals last year reversed a local judge’s ruling that found the county liable for failing to exercise ordinary care in placing warning signs along the road where McElroy was hurt.

McElroy sued the county after he drove over a washed out road. McElroy said he didn’t see any warning signs.

County officials said road crew put up two warning signs and strands of yellow warning tape across the road, with fluorescent streamers hanging between the strands of tape.

Circuit Judge Robert Evans ruled in 2009 that the county’s signs were inadequate. Evans found the county liable to McElroy for $106,896.

The Appeals Court, in reversing the trial judge, said in using the fiberglass signs, county employees were following county procedure, grounded in economic policy.

In addition, the Appeals Court said state law provided immunity to the county from McElroy’s lawsuit.

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