City of Atlanta v. Kleber

MELTON, Justice.

These consolidated cases concern a nuisance1 and negligence action brought by Scott Kleber and Nancy Habif (collectively referred to as “the homeowners”) against Norfolk Southern Corporation and the City of Atlanta. In this action, the homeowners contended that Norfolk and the City had failed to properly maintain a drainage pipe and culvert near their property, resulting in their home being flooded during heavy rains. In Kleber v. City of Atlanta, *414291 Ga. App. 146 (661 SE2d 195) (2008), the Court of Appeals reversed the trial court’s grant of summary judgment to Norfolk…