The Mississippi Supreme Court has reversed a lower court ruling that granted immunity to the city of Starkville over maintenance of its sewage system.
Taghi “Ted” Boroujerdi filed the $500,000 lawsuit when he fell at his home after sewage backed up into his house in 2009.
He argued the city had a responsibility to maintain the system and his injuries were the result of its negligence.
WTVA-TV in Tupelo reported an Oktibbeha County judge said the city had immunity from the lawsuit and dismissed it.
The Supreme Court, in a 5-4 decision, said some duties of sewage maintenance are mandated by statute and regulation. The court says Boroujerdi will have to prove the city’s alleged inaction resulted in his injury when the case goes back to Oktibbeha County.
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