Lee v. City of Cleveland

FARMER, Judge.

Plaintiff sued the City of Cleveland alleging that the blockage in the sewer system caused sewage to back-up and flow onto his business. The trial court granted the City’s motion to dismiss for failure to state a cause of action under Rule 12.02(6) T.R.C.P. The issue presented is “[wjhether the trial court erred in concluding that the plaintiff’s complaint, as amended, failed to state a cause of action under the Tennessee Governmental Tort Liability Act, §§ 29-20-204-205.”

The complaint states:

3. On or about July 22, 1992, Delaney Insulation Company was substantially damaged by…