Rhonda Allday v. Mississippi Transportation Commission, ex rel., Mike Moore, Attorney General, State of Mississippi.

21-year old Rhonda Allday was seriously injured on the morning of September 13, 1992, when the car her husband was driving struck a pothole on Highway 11 near their home in Moselle, Mississippi, and careened into a concrete bridge abutment. She sustained permanent and disfiguring injuries to her jaw and hip; a broken ankle and wrist; and internal injuries which required the removal of her spleen and repair of her liver. She was hospitalized for two months and remains limited in her activities because of her injuries. Allday filed suit against the Mississippi Transportation Commission on January 28, 1993 alleging that the Commission was negligent in its construction and maintenance of the highway and the bridge. The Commission responded with a motion to dismiss, asserting that Allday's claim against it was barred by sovereign immunity. The circuit court denied the Commission's motion.

After a two-day trial, the jury found that the Commission "was negligent and that such negligence caused or contributed to" Allday's injuries. The word "contributed" was underlined on the special verdict form. Allday was awarded $110,000 for medical expenses (past and future) and $50,000 for lost earning capacity (past and future).The jury expressly provided no award for pain and suffering, physical or mental, loss of capacity for enjoyment of life or bodily disfigurement.

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Commission appealed. Allday cross-appealed. The Supreme Court of Mississippi reversed, finding that the Commission did in fact enjoy the protection of sovereign immunity in the case, and rendered. See: 726 So.2d 563 (Miss. 1998). The date shown above is the date of the appellate court decision and not the trial date. Reported by JAB.