Brinson Askew Berry's Andy Davis, Frank Beacham and Alix Warren successfully defended the City of LaFayette in a claim of negligence for a sewer backup. The trial court entered judgment in favor of the City, and the Georgia Court of Appeals affirmed the decision.
On Sept. 21, 2009, torrential rainfall in Lafayette caused flash flooding in the area. According to the Court of Appeals, "[T]he National Weather Service's flood warning described it as a 'flooding event . . . of historic proportions.'"
The plaintiff's building flooded when water and sewage backed up through the toilets, overflowing and causing damage to the building. The City established that it was not negligence, but an Act of God that caused the problems, as the manhole nearest the building was completely submerged in flood waters.