Max Leigh Blair, Individually and on Behalf of the Wrongful Death Statutory Beneficiaries of Heather Michelle Blair and as Administrator of the Estate of Heather Michelle Blair v. Jackson County, Mississippi

── Max Leigh Blair, Individually and on Behalf of the Wrongful Death Statutory Beneficiaries of Heather Michelle Blair and as Administrator of the Estate of Heather Michelle Blair v. Jackson County, Mississippi ── Court: Court of Appeals of Mississippi Date: May 12, 2026 Category: General IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2024-CA-01418-COA MAX LEIGH BLAIR, INDIVIDUALLY AND ON APPELLANT BEHALF OF THE WRONGFUL DEATH STATUTORY BENEFICIARIES OF HEATHER MICHELLE BLAIR AND AS ADMINISTRATOR OF THE ESTATE OF HEATHER MICHELLE BLAIR, DECEASED v. JACKSON COUNTY, MISSISSIPPI APPELLEE DATE OF JUDGMENT: 12/17/2024 TRIAL JUDGE: HON. KATHY KING JACKSON COURT FROM WHICH APPEALED: JACKSON COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANT: ROBERT G. GERMANY ATTORNEYS FOR APPELLEE: JAMES H. COLMER JR. JACKYE C. BERTUCCI TRISTAN R. ARMER NATURE OF THE CASE: CIVIL - WRONGFUL DEATH DISPOSITION: AFFIRMED - 05/12/2026 MOTION FOR REHEARING FILED: BEFORE CARLTON, P.J., WESTBROOKS AND WEDDLE, JJ. CARLTON, P.J., FOR THE COURT: ¶1. Max Leigh Blair’s wife, Heather Michelle Blair, was struck and killed by a motorist when she was walking across Lemoyne Boulevard in Jackson County, Mississippi. Blair brought a wrongful death action under the Mississippi Tort Claims Act (MTCA) against Jackson County.1 The Jackson County Circuit Court granted summary judgment in Jackson 1 Blair also sued the Jackson County Board of Supervisors (Board). The Board was dismissed by stipulation on July 28, 2021. County’s favor, determining that it is protected by discretionary-function immunity. Blair appeals. Upon our de novo review, we likewise find that Jackson County was entitled to discretionary-function immunity. Accordingly, we affirm. PROCEDURAL HISTORY AND STATEMENT OF FACTS ¶2. On December 15, 2020, Blair, individually and on behalf of Heather’s wrongful death beneficiaries and as the administrator of her estate, filed a complaint against Jackson County for Heather’s death, after she was struck and killed by a motorist when she was attempting to walk across Lemoyne Boulevard, west of McCann Road. The accident happened about 6:00 p.m. on the evening of December 19, 2019. Blair alleged Jackson County was liable for failing to adequately light the area where the accident occurred, failing to install a pedestrian crosswalk in that area, and “failing to properly inspect the area, note and replace the missing speed limit sign.” ¶3. Jackson County filed its answer and defenses, specifically asserting discretionary- function immunity pursuant to Mississippi Code Annotated section 11-46-9(1)(d) (Rev. 2019) of the MTCA.2 After the parties exchanged some written discovery, Jackson County moved for summary judgment, asserting that it was entitled to discretionary-function immunity for the three claims Blair asserted in the complaint. ¶4. Blair conceded the inadequate lighting and crosswalk claims in his response, but he 2 Section 11-46-9(1)(d) provides immunity to “[a] governmental entity and its employees acting within the course and scope of their employment or duties” for “any claim . . . [b]ased upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a governmental entity or employee thereof, whether or not the discretion be abused.” Miss. Code Ann. § 11-46-9(1)(d). 2 continued to assert that “the [County] violated Miss. Code Ann.§ 11-46-9 (Supp. 2016) . . . in failing to properly inspect the area, note and replace the missing speed limit sign.” Blair attached two exhibits to his opposition: the Mississippi Uniform Crash Report (UCR) completed by deputies from the Jackson County Sheriff’s Office who arrived at the scene of the accident (Trial Exhibit 1), and a spreadsheet produced by Jackson County entitled: “Lem