JENNINGS v. CITY OF FAYETTEVILLE

No. COA09-92.

680 S.E.2d 757 (2009)

Jesse JENNINGS, III & Linda G. King as Personal Representatives of the Estate of Jesse Marquil King, Deceased, Plaintiffs, v. The CITY OF FAYETTEVILLE, North Carolina, a Body Politic and Municipal Corporation, Defendant.

Court of Appeals of North Carolina.

August 4, 2009.


Attorney(s) appearing for the Case

Mitchell Brewer Richardson, by Ronnie M. Mitchell and Coy E. Brewer, Jr., Fayetteville, for plaintiff.

Lewis, Deese & Nance, LLP, by James R. Nance, Jr., and Karen M. McDonald, Fayetteville, for defendant.


ELMORE, Judge.

This case concerns whether the City of Fayetteville (defendant) can face liability arising from its operation of a storm drain system. In 2005, Jesse Marquil King (decedent) drowned when he was caught in a heavy rainstorm and swept into an open ditch that was under the jurisdiction of defendant. The personal representatives of decedent's estate (plaintiffs) filed suit against defendant in Cumberland County. The trial court denied defendant's motion...

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