At 10:30 the Miss. Supreme Court will hear the Tort Claims Act case of Estate of Patrauna Hudson v. Yazoo City, Mississippi.
After a heavy rain in April of 2016, nine year old Patrauna Hudson drowned in a drainage ditch behind her back yard when it overflowed. Her estate through her mother Fanny Hudson sued the city claiming that the city’s improvements to the ditch to fix erosion made the ditch more dangerous in heavy rain. The trial court granted summary judgment to the City and Hudson appealed. She argues that the City and County breached their ministerial duty to maintain safe drainage ditches that were not a hazard to the community
Fanny Hudson brief
Yazoo City brief
Hudson reply brief
Watch the argument here
The Supreme Court decided another drainage ditch case in 1998 – City of Jackson v. Brown – in favor of the city but there has been a lot of new law on discretionary/ministerial, etc, since then.