City of Fitzgerald v. Caruthers

Miller, Judge.

Larry Caruthers sued the City of Fitzgerald (the “City”) alleging that the City was liable for damages for failing to remove a decayed tree limb that crashed down on him while he was standing on a curb. The trial court denied the City’s motion for summary judgment, concluding that the City was not entitled to sovereign immunity because a question of fact existed as to whether the City had notice of the decayed tree limb.1 We granted the City’s application for interlocutory review, and on appeal, the City contends that the trial court erred in denying its motion for summary…