IMMUNITY . - MISSISSIPPI

Reverie Boutique LLC v. City of Waynesboro, Mississippi

Court of Appeals of Mississippi - October 29, 2019 - So.3d - 2019 WL 5566059

Clothing store brought negligence action against city arising from damage caused by flooding sewage system.

The Circuit Court granted city’s motion for summary judgment. Clothing store appealed.

The Court of Appeals held that city was not immune under Mississippi Tort Claims Act from clothing store’s negligence action.

City was not immune under Mississippi Tort Claims Act from clothing store’s negligence action arising from damage caused by flooding sewage system, despite fact that creation of sewage system was within city’s discretion, where claim was based on allegation of a simple act of negligence, not a consideration of public policy.



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