Westbrook v. City of Jackson


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Docket Number: 2000-CA-01909-SCT
Supreme Court: Opinion Date: 10-10-2002
Opinion Author: EASLEY,
Holding: AFFIRMED
Additional Case Information: Judge(s) Concurring: PITTMAN, C.J., DIAZ AND CARLSON, JJ.,
Non Participating Judge(s): WALLER AND GRAVES, JJ.,
Concurs in Result Only: McRAE AND SMITH, P.JJ., AND COBB, J.,
Procedural History: Summary Judgment
Nature of the Case: State Boards and Agencies
Trial Court: Date of Trial Judgment: 10-07-2000
Appealed from: Hinds County Circuit Court
Judge: James E. Graves, Jr.
Disposition: On September 14, 1995, this Court affirmed in part and reversed and remanded in part a summary judgment dismissing this lawsuit by the estate of a deceased homeowner and her insurer against the City of Jackson for the loss of a home by fire damage as a result of the lack of water for fire protection. Westbrook v. City of Jackson, 665 So.2d 833 (Miss. 1995). This Court directed the trial court to develop a record of what procedures, if any, were used by the City of Jackson (the City) to determine which claims filed against the City would be compensated and which claims would be excluded. Id. at 840. This Court further instructed the trial court to determine if the City's Claims Fund is the equivalent to the City's participation in the Mississippi Municipal Liability Program for purposes of preserving the City's sovereign immunity. Id. at 839. On remand, the circuit court found that the city did not waive its sovereign immunity by maintaining the Claims Fund, and furthermore, there was no violation of equal protection by maintaining the Claims Fund.
  Party Name: Attorney Name:  
Appellant: JACK L. WESTBROOK, JR., INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF THELMA P. WESTBROOK, DECEASED AND CAMBRIDGE MUTUAL INSURANCE COMPANY




 ROGER GOOGE



  
Appellee: CITY OF JACKSON, MISSISSIPPI, ET AL. J. ANTHONY WILLIAMS  


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