Jivelekas v. City of Worland

ROSE, Justice.

CONTENTION OF THE PARTIES

The plaintiffs charge that damage to their home was caused from a sewer backup which occurred as a result of the defendant-city’s negligent planning, construction and maintenance of its sewer line. Plaintiffs ask money damages and injunc-five relief to compel the city “to take necessary steps to replace the sewer line.” Additionally, the plaintiffs-appellants rely upon the doctrine of res ipsa loquitur to supply evidence of defendant’s failure to exercise due care.1

In response, the defendant-appellee-City of Worland contends that it was not negligent in…