752 S.E.2d 875
Va.2014Background
- In June 2006, a 12-inch terracotta sewer line burst on Robertson's property, causing a partial collapse of a retaining wall and extensive property damage.
- Robertson filed suit against the Western Virginia Water Authority alleging negligence in maintenance and operation of the sewer line.
- The Authority admitted ownership and maintenance but denied negligence.
- The Authority moved for summary judgment arguing sovereign immunity bars liability because sewer maintenance is a governmental function.
- The trial court granted summary judgment, holding that maintenance and operation of a sanitary sewer system is a governmental public safety function.
- Robertson appeals the trial court's ruling on sovereign immunity and functional characterization.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is sewer maintenance a governmental or proprietary function? | Robertson argues maintenance is proprietary, not immune. | Weiss (Authority) argues maintenance is governmental and immune. | Proprietary function; not immune. |
| Does sovereign immunity bar recovery for negligence in sewer maintenance here? | Immunity does not apply to proprietary negligence. | Immunity applies to governmental functions. | Immunity does not bar liability for proprietary negligence; case reversed. |
Key Cases Cited
- Gambrell v. City of Norfolk, 267 Va. 353 (2004) (burden on immunity issues; functional classification governs immunity)
- City of Chesapeake v. Cunningham, 268 Va. 624 (2004) (governmental vs proprietary function; maintenance is proprietary)
- Chalkley v. City of Richmond, 88 Va. 402 (1891) (distinguishes legislative vs ministerial obligations for sewer systems)
- Woods v. Town of Marion, 245 Va. 44 (1993) (proprietary function liability for maintenance)