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TOWN OF LARGO v. L & S BAIT COMPANY OF FLORIDA, INC.

No. 71-334.

256 So.2d 412 (1972)

TOWN OF LARGO, Appellant, v. L & S BAIT COMPANY OF FLORIDA, INC., Appellee.

District Court of Appeal of Florida, Second District.

January 14, 1972.

Attorney(s) appearing for the Case

John T. Allen, Jr., of Harrison, Greene, Mann, Davenport, Rowe & Stanton, St. Petersburg, for appellant.

Carleton L. Weidemeyer, of Wightman, Rowe, Weidemeyer & Federico, Clearwater, for appellee.

HOBSON, Judge.

Appellee, plaintiff below, brought suit against appellant alleging that the negligence of appellant caused a sewer back-up which flooded appellee's property, causing property damage. Appellant answered and as an affirmative defense claimed immunity as the operation of a sewer system is a governmental function. On motion by appellee, the lower court struck this affirmative defense. Subsequently, a partial summary...

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