Sewer Claim Flushed by Division 3
A backed-up city sewer system overflowed into a home and caused floor damage, among other things. The occupants sued the city for negligence, claiming $15,900 in repair and cleanup expenses. Division 3 affirmed summary judgment in favor of the City.
The Court rejected the theory the City was strictly liable without proof of actual fault -- and likewise rejected the res ipsa loquitur claim. In a nutshell, plaintiff in this context cannot prevail on the theory that the City maintains exclusive control over the sewer system and is thereby guilty for whatever happens.
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