FORTENBERRY v. CITY OF JACKSON

Nos. 2008-CA-00270-COA, 2008-CA-00271-COA.

71 So.3d 1211 (2010)

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

Court of Appeals of Mississippi.

Rehearing Denied June 29, 2010.


Attorney(s) appearing for the Case

Ken R. Adcock , Ridgeland, attorney for appellants.

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

Before LEE, P.J., GRIFFIS and CARLTON, JJ.


CARLTON, J., for the Court:

¶ 1. In April 2003, raw sewage flooded the homes of Flynn and Kathleen Wallace and James and Linda Fortenberry1 due to blockage in the City of Jackson's (City) sewage lines. The Appellants sued the City for damages. In response, the City moved for summary judgment, which the circuit court granted. The Appellants now timely appeal. We reverse the circuit court...

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