City of Jackson v. Internal Engine Parts Group, Inc.

903 So. 2d 60, 2005 WL 729420
CourtMississippi Supreme Court
DecidedMarch 31, 2005
Docket2003-CA-02772-SCT
StatusPublished
Cited by34 cases

This text of 903 So. 2d 60 (City of Jackson v. Internal Engine Parts Group, Inc.) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Jackson v. Internal Engine Parts Group, Inc., 903 So. 2d 60, 2005 WL 729420 (Mich. 2005).

Opinion

903 So.2d 60 (2005)

The CITY OF JACKSON
v.
The INTERNAL ENGINE PARTS GROUP, INC. a/k/a Engine Parts Warehouse Jackson and Clearbrook Holdings, LLC.

No. 2003-CA-02772-SCT.

Supreme Court of Mississippi.

March 31, 2005.
Rehearing Denied June 2, 2005.

*61 Barbara A. Bluntson, Jackson, attorney for appellant.

Joseph E. Lotterhos, Charles Frank Fair Barbour, Jackson, attorneys for appellees.

*62 Before COBB, P.J., DICKINSON and RANDOLPH, JJ.

RANDOLPH, Justice, for the Court.

¶ 1. The Internal Engine Parts Group, Inc. a/k/a Engine Parts Warehouse Jackson, and Clearbrook Holdings, LLC (collectively referred to as "Engine Parts") filed a complaint against the City of Jackson, on January 23, 2002, in the Hinds County Circuit Court. The complaint sought to recover damages for alleged acts of negligence and breach of contract against the City of Jackson for property damage sustained during a period of heavy rainfall and flooding. On November 24, 2003, the circuit court entered its verdict and judgment awarding $369,480.32 in favor of Engine Parts. On December 4, 2003, the City of Jackson filed its Post-Trial Motion for Amendment or Reconsideration of Findings and Judgment and/or in the alternative Motion for New Trial. On December 17, 2003, the circuit court entered its Order Denying the City of Jackson's Post Trial Motion. This appeal followed.

FACTS

¶ 2. Engine Parts owns and operates a business located at 811 South Gallatin Street, Jackson, Hinds County, Mississippi. On the morning of August 12, 2001, the metro area of Jackson received a large amount of rainfall. Many areas around Jackson flooded, including the area of Gallatin Street where Engine Parts is located. Engine Parts alleged that the flooding of its property was caused by a nearby drainage ditch that was filled with pre-existing debris and materials which obstructed the flow of water. This drainage ditch runs under Gallatin Street near the intersection of Gallatin Street and Hiawatha. The City of Jackson maintains the city's drainage ditches.

¶ 3. Al Campbell, who owns a building near Engine Parts, testified that prior to the flood he contacted the City five to six times to tell them that the drainage ditch was filled with debris. The debris consisted of furniture, mattresses, logs, and brush. He also testified that about thirty days prior to the flood, Carlos Bean,[1] the manager of Engine Parts, had called the City to inform them about the drainage ditch. The City did not respond to these calls and failed to clean out the debris from the ditch until after the flood. Prior to this date, the Engine Parts building had never flooded, even during the Jackson Easter Flood of 1979 and was not located within a flood zone.

¶ 4. As a result of the obstructions to the flow of water, up to 34 inches of water flooded Engine Part's building. The building incurred substantial damage and the inventory stored therein was destroyed. It was stipulated that Engine Parts suffered $369,480.32 in damages.

¶ 5. Engine Parts submitted its Notice of Claim pursuant to the Mississippi Tort Claims Act, Miss.Code Ann. §§ 11-46-1 to -23 (Rev.2002 & Supp.2004), and, subsequently, filed its complaint against the City of Jackson on January 23, 2002. Following a bench trial, the court awarded Engine Parts $369,480.32.

ANALYSIS

¶ 6. The City of Jackson raises the following issues on appeal:

I. Whether the trial court erred by failing to find that the City of Jackson was exempt or immune from liability pursuant to the Mississippi Tort Claims Act.
*63 II. Whether the trial court erred by failing to allow testimony of two of the City of Jackson's fact witnesses.
III. Whether the judgment of the trial court was against the overwhelming weight of the evidence.
IV. Whether the trial court erred in denying the City of Jackson's post-trial motion for amendment or reconsideration or in the alternative motion for new trial.
V. Whether the trial court erred in failing to make a findings of fact and conclusions of law pursuant to Rule 52(a) of the Mississippi Rules of Civil Procedure.

¶ 7. The standard of review for a judgment following a bench trial is as follows: "A circuit court judge sitting without a jury is accorded the same deference with regard to his findings as a chancellor, and his findings are safe on appeal where they are supported by substantial, credible, and reasonable evidence." City of Jackson v. Perry, 764 So.2d 373, 376 (Miss.2000). Questions of law, which include the proper allocation of the Mississippi Tort Claims Act, are reviewed de novo. Maldonado v. Kelly, 768 So.2d 906, 908 (Miss.2000).

I. Whether the trial court erred by failing to find that the City of Jackson was exempt or immune from liability pursuant to the Mississippi Tort Claims Act.

¶ 8. This case was brought under the Mississippi Tort Claims Act, which permits negligence actions against state agencies under certain circumstances. Simpson v. City of Pickens, 761 So.2d 855, 860 (Miss.2000). The City of Jackson argues that the circumstances of the instant action fall under one of the exemptions, i.e., § 11-46-9(1)(v). This section reads in pertinent part:

(1) A governmental entity and its employees acting within the course and scope of their employment or duties shall not be liable for any claim:
* * *
(v) Arising out of an injury caused by a dangerous condition on property of the governmental entity that was not caused by the negligent or other wrongful conduct of an employee of the governmental entity or of which the governmental entity did not have notice, either actual or constructive, and adequate opportunity to protect or warn against; provided, however, that a governmental entity shall not be liable for the failure to warn of a dangerous condition which is obvious to one exercising due care.

Miss.Code Ann. § 11-46-9(1)(v).

¶ 9. After reviewing all of the evidence, the trial judge determined that the flooding of Engine Parts was caused by the City's negligence. The following facts and circumstances were established by the evidence: (A) there was a drainage ditch filled with debris which the City inspected and maintained; (B) the hazardous condition, in combination with the flood, was caused or contributed to by the negligence and wrongful conduct of the City employees in failing to regularly inspect and maintain the subject drainage ditch; (C) the evidence clearly established that the City through its employees, either knew or should have known that this condition existed prior to the flood; as testimony revealed that its employees were notified five or six times in the year prior to the flood, and were notified again a month before the flood that the debris obstruction existed, and (D) because the City was notified of the debris in the drainage ditch well before *64 the flood, it had adequate opportunity to remove or clean up the hazard created by the debris. This Court finds that the trial court's findings were supported by substantial, credible, and reasonable evidence.

¶ 10.

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Bluebook (online)
903 So. 2d 60, 2005 WL 729420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-jackson-v-internal-engine-parts-group-inc-miss-2005.