The Mississippi Court of Appeals rejected an appeal from a summary judgment granted in favor of the Mississippi Department of Transportation (MDOT).  In Deanie Lee, et al v. MDOT, the Plaintiffs sought damages from MDOT for a 2003 motor vehicle accident in George County resulting in personal injuries and death.  MDOT won summary judgment on the basis that (1) no proof existed of a design defect in the highway, (2) the danger of the roadway condition was open and obvious, relieving MDOT of the responsibility to warn and (3) weather was the sole cause of the accident.  The Court of Appeals unanimously upheld the summary judgment.

James Heidelberg represented MDOT before both the trial and appellate courts.