Fletcher v. City of Independence

SHANGLER, Judge.

The plaintiffs Fletcher, husband and wife, sued the City of Independence for injury to their persons and damage to their property from recurrent sewer backups into the basement of their home. The claims were submitted on the theory of nuisance, and the plaintiffs recovered. The jury returned a total of $89,000 in awards: $15,000 to husband Fletcher for personal injury, $6,000 to wife Fletcher for personal injury, and $18,000 to both Fletchers for property damage. The City of Independence contends on appeal, among other grounds, that under the evidence the issue was submissible…