Wallace v. City of Jackson
| Docket Number: | 2008-CT-00271-SCT Linked Case(s): 2008-CA-00271-COA ; 2008-CA-00271-COA ; 2008-CT-00271-SCT ; 2008-CT-00271-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 02-10-2011 Opinion Author: Pierce, J. Holding: THE JUDGMENT OF THE COURT OF APPEALS IS REVERSED AND THE JUDGMENTS OF THE HINDS COUNTY CIRCUIT COURT ARE REINSTATED AND AFFIRMED |
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| Additional Case Information: |
Judge(s) Concurring: Waller, C.J., Carlson, P.J., and Dickinson, J. Dissenting Author : Randolph, J. Dissent Joined By : Lamar, Kitchens and Chandler, JJ. Concurs in Result Only: Graves, P.J. Procedural History: Summary Judgment Nature of the Case: CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE Writ of Certiorari: yes Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 06-11-2007 Appealed from: Hinds County Circuit Court Judge: Bobby DeLaughter Disposition: The City moved for summary judgment in both cases, asserting that the City was immune from liability under the Mississippi Tort Claims Act (“MTCA”), and both claims were dismissed. The Hinds County Circuit Court, First Judicial District, found that, because the operation and maintenance of the City’s sewage system was a discretionary function, the City was immune from liability under the MTCA, granting summary judgment to the City. Case Number: 251-05-941CIV |
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| Consolidated: 2008-CT-00270-SCT James Fortenberry and Linda Fortenberry v. City of Jackson, Mississippi and Nationwide Mutual Fire Insurance Company; Hinds Circuit Court 1st District; LC Case #: 251-05-939CIV; Ruling Date: 06/08/2007; Ruling Judge: Bobby DeLaughter | ||
| Note: | The judgment of the Court of Appeals is reversed. See the original COA opinion at http://www.mssc.state.ms.us/Images/Opinions/CO56768.pdf | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | FLYNN WALLACE AND KATHLEEN WALLACE |
KEN R. ADCOCK |
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| Appellee: | CITY OF JACKSON, MISSISSIPPI AND STATE FARM FIRE AND CASUALTY COMPANY | PIETER JOHN TEEUWISSEN, CLAIRE BARKER HAWKINS |
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