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The City of Fitzgerald v. Caruthers

The defendant city was not entitled to summary judgment on the plaintiff's claims alleging that the city was liable for the failure to remove a decayed tree limb that crashed down on him while he was standing at the curb of a public road.

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Larry Caruthers sued the City of Fitzgerald the City alleging that the City was liable for damages for failing to remove a decayed tree limb that crashed down on him while he was standing on a curb. The trial court denied the City’s motion for summary judgment, concluding that the City was not entitled to sovereign immunity because a question of fact existed as to whether the City had notice of the decayed tree limb.1 We granted the City’s application for interlocutory review, and on appeal, the City contends that the trial court erred in denying its motion for summary judgment because there was no evidence that the City had actual or constructive notice of the hazardous tree. For the following reasons, we affirm.

Summary judgment is proper when the moving party shows that no genuine issue of material fact exists, and that the movant is entitled to judgment as a matter of law. We apply a de novo standard of review to an appeal from a grant or denial of summary judgment and construe the evidence most favorably to the nonmovant.

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