The Alabama Supreme Court ruled in favor of the City of Muscle Shoals in a lawsuit brought by residents seeking damages over claims of negligence after heavy rainfall in 2019 flooded their homes.
The City of Muscle Shoals sought a writ of mandamus directing the Colbert Circuit Court to enter a summary judgment in its favor on claims asserted against it by several residents of Muscle Shoals. The plaintiffs sought damages on claims of negligence arising from the city's management of a stormwater drainage pond in their neighborhood.
The court granted the petition and issued the writ in a Friday ruling.
The plaintiffs in the case include Jennifer Cross and Jason Cross; Dana Fisher; Brady Gregory and Amber Gregory; Brett King and Amanda King; Tammy Michael and Charles Michael; Dustin Parker; Carolyn Pate; Jamie Reed; Mary Rowe and Jimmie Rowe; and Miller Terry and Sonya Terry. All the plaintiffs live in a neighborhood where the city owns and manages a pond as part of its stormwater drainage system. Heavy rainfall in February 2019 overwhelmed the pond and flooded the plaintiffs' houses.
"The evidence produced did not show that the City breached any duty it might have by failing to plan for larger, less probable rainfall events. Thus, it does not show that City employees or agents acted with "neglect, carelessness, or unskillfulness" in designing those improvements or maintaining the pond as required by § 11-47-190. Likewise, the evidence does not show that the City's design of improvements to the Nathan Estates pond was outside common practice and defective within the meaning of the term "defect" in § 11-47-190. Thus, the municipal immunity of § 11-47-190 applies to bar the plaintiffs' claims for damages against the City," the Alabama Supreme Court justices wrote in their opinion.
Supreme Court Ruling 3 by Caleb Taylor on Scribd
"Based on the foregoing, we grant the City's petition and issue the writ directing the trial court to enter a summary judgment for the City regarding the plaintiffs' negligence and trespass claims," the Alabama Supreme Court justices said.
To connect with the story's author or comment, email [email protected].
Don't miss out! Subscribe to our newsletter and get our top stories every weekday morning.
