Smith v. City of Atmore

Marshall Dean Smith has appealed the summary judgment entered by the Escam-bia Circuit Court (“the trial court”) in favor of the City of Atmore (“the City”) in Smith’s lawsuit alleging claims of negligent design and construction of the City’s water-drainage system, negligent maintenance of the City’s water-drainage system, continuing trespass, and nuisance. Although I concur to affirm the summary judgment as to the negligent-design and -construction claims, I respectfully dissent from this Court’s decision to affirm the summary judgment as to the other claims because I believe that Smith…