City of Malvern v. Leon Jenkins and Patsy Jenkins

Summary

The court held that the Jenkinses’ claims sounded in tort, not contract, because their complaint sought damages for injury caused by the City’s alleged damage to a culvert and did not allege breach of the easement. Because the City established that it lacked liability insurance covering the claims, statutory immunity applied to the tort claim, requiring reversal and remand. Justice Hart, joined by Justice Baker, dissented, arguing that the interlocutory appeal should have been dismissed because the circuit court ruled only on contract issues and did not deny immunity from tort liability.