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WESTBROOK v. CITY OF JACKSON

No. 92-CA-00382-SCT.

665 So.2d 833 (1995)

Jack L. WESTBROOK, Jr., Individually and as Executor of the Estate of Thelma P. Westbrook, Deceased, and Cambridge Mutual Fire Insurance Company v. CITY OF JACKSON, Mississippi; Russell C. Davis, Dale Danks, Jr., and Kane Ditto, Individually and in Their Official Capacities as Mayor or Former Mayors of the City of Jackson, Mississippi; Thomas B. Kelly, Edward L. Cates, Douglas W. Shanks, Nielsen H. Cochran, Fred C. Johnson, Luther L. Roan, Jr., and George Porter, Individually and in Their Official Capacities as Former City Commissioners of the City of Jackson, Mississippi; Louis E. Armstrong, Margaret C. Barrett, Derwood R. Boyles, E.C. Foster, Luther L. Roan, Jr., Doris P. Smith, Marcia Weaver, and Kenneth I. Stokes, Individually and in Their Official Capacities as Members or Former Members of the City Council for the City of Jackson, Mississippi.

Supreme Court of Mississippi.

Rehearing Denied December 21, 1995.

Attorney(s) appearing for the Case

Paul Roger Googe, Jr., Gerald & Brand, L. Pepper Cossar, Markow Walker Reeves & Anderson, Jackson, for appellant.

Michele M. Purvis, Terry Wallace, William A. Gowan, Jr., Jackson, for appellee.

Before PRATHER, P.J., and BANKS and SMITH, JJ.

PRATHER, Presiding Justice, for the Court:

I. INTRODUCTION

This opinion addresses principally the issue of a city's claim of sovereign immunity in the providing of water for fire protection within the city, and the assertion that the city had waived its immunity through the maintenance of a claims fund. Thelma Westbrook's home burned, allegedly from lack of water for fire protection, and her estate sued the City of Jackson for damages. The trial court granted...

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