Dixon v. BD. OF WATER & SEWER COM'RS

Janice Dixon appeals from a summary judgment in favor of the Board of Water Sewer Commissioners of the City of Mobile ("the Board"), in an action arising out of a sewage backup and discharge into Dixon's residence. We reverse and remand.

Nearly all the material facts are disputed. However, it is undisputed that on November 21, 2000, raw sewage from a sewer system operated by the Board was discharged through plumbing fixtures in Dixon's home, flooding the house, running out the front door, and forcing her to evacuate the premises. Consequently, on March 9, 2001, Dixon sued the Board, alleging,…