Jennings v. City of Fayetteville

ELMORE, Judge.

This case concerns whether the City of Fayetteville (defendant) can face liability arising from its operation of a storm drain system. In 2005, Jesse Marquil King (decedent) drowned when he was caught in a heavy rainstorm and swept into an open ditch that was under the jurisdiction of defendant. The personal representatives of decedent’s estate (plaintiffs) filed suit against defendant in Cumberland County. The trial court denied defendant’s motion requesting governmental immunity from liability resulting from the operation of a storm drain system. Defendant filed an…