Gilbert v. City of Jackson

Betty Gilbert appeals from the trial court’s grant of the City of Jackson’s motion for summary judgment on her claim of negligence by the City in repairing drainage pipes and the nuisance resulting therefrom. On appeal, we review the trial court’s grant of summary judgment de novo to determine whether the evidence, viewed in the light most favorable to the nonmoving party, demonstrates a genuine issue of material fact. Summary judgment is proper only when no issue of material fact exists and the moving party is entitled to judgment as a matter of law. Goode v. City of Atlanta , 274 Ga. App. 233 617 SE2d 210 2005.

So viewed, the evidence was that Gilbert lived on Freeman Street, not in the City, but adjacent to the border of it. Her property is at a lower elevation than the adjacent properties to the north and east, resulting in some water flow from that direction toward a natural creek running through the property of Ezra Smith Settles to the west of Gilbert’s property. This creek runs north to south from Gilbert’s side of Freeman Street, under Freeman Street via a culvert, to the south side of Freeman Street where the creek continues its southward flow. The culvert running under Freeman Street is the only part of the drainage system under control of the City.