Warren v. City of Gulfport

Mississippi Supreme Court January 23, 1980

Warren v. City of Gulfport, 378 So. 2d 1098 (Miss. 1980)

1980 Miss. LEXIS 1828

Bowling, Broom, Cofer, Lee, Patterson, Robertson, Smith, Sugg, Walker

Opinion of the Court

SUGG, Justice, for the Court:

The sole question in this case is whether this Court should abolish the doctrine of sovereign immunity.

The Circuit Court of the First Judicial District of Harrison County sustained defendant’s demurrer to plaintiffs’ declaration *1099holding that the City was not liable under the doctrine of sovereign immunity. We affirm and decline to abolish the doctrine of sovereign immunity for the reasons stated in Jones v. Knight, 373 So.2d 254 (Miss. 1979) and numerous other cases on this question.

AFFIRMED.

SMITH and ROBERTSON, P. JJ., and WALKER, BROOM, LEE, and COFER, JJ., concur. PATTERSON, C. J., and BOWLING, J., dissent.

Dissenting Opinion

PATTERSON, Chief Justice,

dissenting:

I dissent from the majority for the reasons stated by Justice Bowling in his dissent in Jones v. Knight, 373 So.2d 254 (Miss. 1979).

BOWLING, J., joins in this dissent.

Reference

Full Case Name: Joanne WARREN and A. G. Warren, Individually and as Father and Next Friend of Aaron Warren, Keith Warren, Xavier Warren and Bruce Warren, Minors v. The CITY OF GULFPORT
Status: Published