Robertson v. W. Va. Water Auth.

Landowner filed a complaint against Western Virginia Water Authority (the Authority) after the Authority’s sewer line burst on his property and caused extensive damage, including the collapse of a ten-foot high retaining wall running along the rear of the property. The Authority filed a motion for summary judgment, arguing that operating and maintaining the sewer line was a governmental function and, therefore, the doctrine of sovereign immunity precluded liability. The Supreme Court reversed, holding that the trial court erred in holding that the Authority was entitled to sovereign immunity because the maintenance and operation of the sanitary sewer system was a proprietary function. Remanded. View "Robertson v. W. Va. Water Auth." on Justia Law