Hempel v. Lexington-Fayette Urban County Government

VANCE, Judge.

The question is whether an urban county government has sovereign immunity or municipal immunity for tort damage caused by the back-up of a sanitary sewer which flooded appellant’s basement which was allegedly due to negligence in maintenance of the sewer system. Appellant filed suit against the urban county government and the court granted the summary judgment on the grounds that the maintenance of a sewer system was an ultimate function of government and the appellant had not been sought out and dealt with by appellee on an individual basis. Therefore, the court reasoned, the…