Garcia v. City of Jackson

I concur in the result reached in the majority opinion because the facts alleged in the complaint, when taken in a light most favorable to the plaintiffs, are sufficient to plead an intentional nuisance in fact, and thus the complaint does aver facts in avoidance of governmental immunity. I do not agree entirely, however, with the definition of intentional nuisance as described by the majority’s opinion and write separately to elaborate on several problems involved in defining intentional nuisance. Because of the difficulties of the bench and bar generally in applying nuisance doctrine,1…