City of Tupelo, Mississippi v. John Patterson (Pat) O'Callaghan

KITCHENS, JUSTICE,

DISSENTING:

¶ 55. Because a genuine issue of material fact exists regarding the point at which John and Patsy O’Callaghan knew or should have known that the City of Tupe-lo’s drainage ditch had damaged their property, I would affirm the County Court of Lee County’s denial of summary judgment. Accordingly, I respectfully dissent.

¶ 56. A “cause of action does not accrue until the plaintiff has discovered, or by reasonable diligence should have discovered, the injury.” Miss. Code Ann. § 15-1-49(2) (Rev. 2012). In Angle v. Koppers, this Court interpreted Section 15-1-49(2) to…