5th Circuit Upholds Dismissal of Tenant's Case Against Landlord for Flood Damages
Gerald Jacks and Jamie Jacks successfuly defended a Mississippi landlord in a flood damages case. The case was dismissed by a federal judge in the Northern District of Mississippi and was upheld on the tenant's appeal to the Fifth Circuit Court of Appeals. The tenant sued the landlord for flood damage arguing the landlord owed a duty to install flood protection devices. Gerald Jacks and Jamie Jacks argued there was no such duty either per the contract between the parties or at law and there was no evidence any such flood protection measure would have actually prevented the damage.