FORTENBERRY v. CITY OF JACKSON

Nos. 2008-CT-00270-SCT, 2008-CT-00271-SCT.

71 So.3d 1196 (2011)

James FORTENBERRY and Linda Fortenberry v. CITY OF JACKSON, Mississippi and Nationwide Mutual Fire Insurance Company. Flynn Wallace and Kathleen Wallace v. City of Jackson, Mississippi and State Farm Fire and Casualty Company.

Supreme Court of Mississippi.

Rehearing Denied October 20, 2011.


Attorney(s) appearing for the Case

Ken R. Adcock , Ridgeland, attorney for appellants.

Pieter John Teeuwissen , Claire Barker Hawkins , attorneys for appellees.

EN BANC.


ON WRIT OF CERTIORARI

PIERCE, Justice, for the Court:

¶ 1. This case comes before the Court from the Mississippi Court of Appeals, which found on appeal that the City of Jackson was not immune from liability under the Mississippi Tort Claims Act, because its duty to maintain the municipal sewage system was a ministerial function as set forth by its own 1977 Subdivision Ordinance. The City petitioned for certiorari and asserts that the Court of...

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