282 So.3d 1273
Miss. Ct. App.2019Background:
- Reverie Boutique was flooded with sewage in 2015 when a City sewer line backed up, destroying inventory and forcing the business to close.
- The City’s sewer system was old (original clay/concrete pipes), subject to gas decay, root intrusion, stormwater infiltration, and had long exhibited breaches that allowed foreign objects (including a mophead) into the system.
- Waynesboro performed ad hoc maintenance (daily checks of known problem manholes) but had no written maintenance plan and undertook periodic, piecemeal pipe replacements; the treatment plant’s flow spiked well above permit levels during heavy rain.
- Reverie sued alleging negligence in operating, maintaining, and repairing the sanitary sewer system and pointed to regulatory and permit violations; the City asserted MTCA discretionary-function immunity.
- After discovery and a summary-judgment hearing conducted under the Brantley framework, the trial court granted summary judgment for the City; two weeks earlier the Mississippi Supreme Court had decided Wilcher, which altered the discretionary-function test.
- The Court of Appeals reversed and remanded, concluding Wilcher revived ordinary negligence maintenance claims and the trial court applied the wrong test when granting immunity.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the City is immune under the MTCA for alleged failure to maintain sewer (discretionary-function) | City negligently failed to maintain/repair sewer; failures were operational/ministerial not policy | Maintenance and budgeting are discretionary policy choices; immunity applies | Reversed and remanded — Wilcher’s public‑policy test allows ordinary negligence maintenance claims to proceed; immunity not automatic |
| Whether summary judgment must be reconsidered given intervening change in law (Wilcher) | Trial court relied on Brantley; plaintiff should be allowed to reframe negligence claim under Wilcher | City contends record could still support affirmance and other MTCA defenses | Reversed and remanded so parties can litigate ordinary negligence claims under current Wilcher standard |
Key Cases Cited
- Wilcher v. Lincoln County Board of Supervisors & City of Brookhaven, 243 So. 3d 177 (Miss. 2018) (reinstated public‑policy discretionary‑function test; adopted Pratt dissent that ordinary maintenance negligence may not be immune)
- Brantley v. City of Horn Lake, 152 So. 3d 1106 (Miss. 2014) (prior test for MTCA discretionary immunity that Wilcher overruled)
- Boroujerdi v. City of Starkville, 158 So. 3d 1106 (Miss. 2015) (pre‑Wilcher authority relied on below regarding municipal duties)
- Estate of Hudson v. Yazoo City, 246 So. 3d 872 (Miss. 2018) (post‑Wilcher guidance; negligence maintenance claim remanded for development)
- Fortenberry v. City of Jackson, 71 So. 3d 1196 (Miss. 2011) (pre‑Brantley mixed opinions on immunity for sewer maintenance; illustrates policy/ministerial distinction)
- Pratt v. Gulfport‑Biloxi Regional Airport Authority, 97 So. 3d 68 (Miss. 2012) (dissent adopted in Wilcher arguing ordinary negligence claims should not be immunized)
- City of Magee v. Jones, 161 So. 3d 1047 (Miss. 2015) (discussed the evolution of the discretionary‑function test and Brantley’s displacement of Fortenberry)