(Download) "Minnie H. Thomas v. Clearfield City" by Court of Appeals of Utah " Book PDF Kindle ePub Free

eBook details

Title: Minnie H. Thomas v. Clearfield City
Author : Court of Appeals of Utah
Release Date : January 24, 1982
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 59 KB

Description

OAKS, Justice: In May, 1978, a blockage in the sewer line along 200 South in Clearfield City caused sewer water to back up into the basement of Minnie H. Thomas, a long-time resident of Clearfield. The City cleaned out their line and assured her that her damages would be paid. When this was not done, she gave the required statutory notice and then brought suit against Clearfield City for $2,500 in damages to her basement and its contents. Plaintiff alleged that the damage was sustained "as a result of flooding and water backing up into her premises" as a direct and proximate result of defendant Citys negligence "in not properly maintaining the sewer system along 200 South" in Clearfield. The City moved for summary judgment on the basis that it was "protected by governmental immunity against any cause of action alleged in plaintiffs complaint." The district court granted that motion and dismissed the complaint with prejudice. Plaintiff took this appeal.