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.