Kizer v. City of Raleigh

LEWIS, Judge.

Defendant appeals the trial court’s denial of its motion for summary judgment in plaintiff’s negligence action. Because we decide that the City does not enjoy governmental immunity for negligent maintenance of storm drains and pipes, we affirm.

Plaintiff filed this action against the City of Raleigh (the City) seeking damages for flooding on her property due to negligent storm drain maintenance. The City has a drainage easement across plaintiff’s property, which contains a storm drain and pipe. In April of 1989 plaintiff notified the City that the storm drain was clogged and the…