- Associated Press - Tuesday, September 23, 2014

JACKSON, Miss. (AP) - A man who fell through a hole in a catwalk above the Amory High School stage can sue the school district after all.

The Mississippi Court of Appeals ruled last week that the district was not immune from a lawsuit by Robert Calonkey.

The district hired Calonkey to help produce “Phantom of the Opera” in 2011. He tripped over wiring, scraped himself on metal and fell through a hole 10 feet to the stage.

The appeals court overruled a lower judge, finding Calonkey’s suit isn’t barred by the district’s claims that the danger was “open and obvious” and that the state law doesn’t otherwise leave the district immune from suit.

The case was sent back to Monroe County Circuit Court for further proceedings on whether the district was negligent.

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