Alesa Dawn Crum v. City of Corinth, 183 So. 3d 847

Background

Alesa Dawn Crum's home in Corinth, MS, was flooded twice with sewage (March 30 and May 7, 2012); MDEQ investigation found a root mass in a manhole and evidence the manhole cover had been dislodged.
MDEQ investigator contacted the City sewer superintendent; the superintendent acknowledged that a City street-crew bush-hogging may have knocked the manhole cover off and that the City removed the root mass and considered paying cleanup costs.
Crum sued the City (Oct. 2012) alleging negligent maintenance of the sewer system causing property damage and personal injury.
The City moved to dismiss under M.R.C.P. 12(b)(6) asserting discretionary-function immunity under the Mississippi Tort Claims Act (MTCA); the trial court granted dismissal with prejudice.
On appeal the Mississippi Supreme Court evaluated whether Crum alleged a ministerial duty (under statute/regulation) that would defeat discretionary-function immunity and whether dismissal was proper under Rule 12(b)(6).

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the City is immune under the MTCA discretionary-function exception for negligent maintenance of sewer system	Crum: state and federal statutes/regulations (and MDEQ permits/regulations) create a ministerial duty to operate and maintain the sewer system, so immunity is defeated	City: operation/maintenance of municipal sewage is a discretionary function; thus MTCA bars the suit	The Court reversed dismissal: taking complaint allegations as true, Crum stated a claim and the City failed to show Crum could not obtain relief under any set of provable facts; remand for further proceedings
Whether Rule 12(b)(6) dismissal was proper where later cases clarified ministerial-duty inquiry	Crum: she had pleaded facts and later authorities (Brantley, Boroujerdi) permit amendment/relief to plead ministerial duties	City: dismissal proper because plaintiff failed to identify a specific statute/regulation creating a ministerial duty	The Court held dismissal premature and allowed remand so Crum can conform pleadings under the post-filing Brantley/Boroujerdi framework
Whether MDEQ regulations or guidance manuals create ministerial obligations that negate immunity	Crum: MDEQ permit rules require operators to "properly operate, maintain, and when necessary, promptly replace" facilities; manual supports inspection/maintenance duties	City: regulations/manual are inapplicable or advisory and do not establish a specific ministerial duty tied to this event	Court: on Rule 12(b)(6) posture, cannot say to certainty Crum would not prevail; she should have opportunity to amend/offer proof on ministerial-duty theory
Whether the bush-hog operator's act was a discretionary policy decision or simple negligence	Crum: dislodging a manhole while mowing involved no policy judgment—ministerial, not discretionary	City: maintenance and related acts fall within discretionary authority to operate/maintain sewer systems	Court: declined definitive resolution on facts at dismissal stage; emphasized plaintiff must be allowed to develop record under current jurisprudence

Key Cases Cited

Fortenberry v. City of Jackson, 71 So.3d 1196 (Miss. 2011) (held negligent maintenance of municipal sewage system is generally a discretionary function under MTCA)
Brantley v. City of Horn Lake, 152 So.3d 1106 (Miss. 2014) (plaintiff may defeat discretionary-function immunity by proving the act furthered a narrower duty made ministerial by a specific statute, ordinance, or regulation)
Boroujerdi v. City of Starkville, 158 So.3d 1106 (Miss. 2015) (remanded where plaintiff had not had opportunity to conform pleadings/proof to court’s current approach to discretionary-function immunity)
Little v. Miss. Dep’t of Transp., 129 So.3d 132 (Miss. 2013) (Rule 12(b)(6) dismissal standard and discussion of ministerial duties for state highway maintenance)
Jones v. Miss. Dep’t of Transp., 744 So.2d 256 (Miss. 1999) (adopted the public-policy function test for discretionary-function immunity)