Earlier this month, a Mississippi court issued an opinion in a motorcycle accident case brought by the estate of a man who died when he inadvertently entered a construction zone and crashed his motorcycle. In the case, Mississippi Transportation Commission v. Adams, the court made its ruling based on the governmental immunity that state, federal, and municipal governments enjoy when engaging in the discretionary functions of running a government. However, in this case, the court declined to extend the immunity to protect the government because the activity at issue — covering the white lines used to guide motorists — is “ministerial” in nature rather than “discretionary.”
Adams was riding his motorcycle on a Mississippi highway when he accidentally entered a construction zone. Once in the construction zone, Adams attempted to exit safely, but as he tried to do so, his motorcycle hit an uneven surface, and he lost control. He was ejected from his motorcycle and was then struck by two passing vehicles. He died as a result of his injuries.
His wife filed a lawsuit against the government, claiming that the traffic control devices, including the white lines used to guide motorists on the highway, were not effective in preventing motorists from entering the dangerous construction zone.