City of Malvern v. Jenkins (Majority, with Dissenting)
Annotate this CasePlaintiffs filed a complaint alleging that, without their knowledge, the City had erected a sewer line across Plaintiffs' property. Plaintiffs contended that in doing so, the City damaged a water pipe owned by Plaintiffs and that the damaged culvert was the proximate cause of three washouts on their property. Plaintiffs alleged causes of action for negligence and inverse condemnation. The City filed a motion for summary judgment, which the circuit court denied. The City appealed, arguing that the circuit court mischaracterized Plaintiffs' claim as based on contract, rather than tort, and in so doing denied the City the immunity to which it was entitled. The Supreme Court reversed, holding (1) the circuit court erred in finding Plaintiffs' negligence claim sounded in contract rather than tort; and (2) the City was entitled to statutory immunity as to the tort cause of action.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.