Donald and Katrina Simmons v. City of Othello

¶1 Donald and Katrina Simmons appeal the summary judgment dismissal of their lawsuit against the city of Othello, arising from the failure of a line connecting their home to the city’s main sewer line. Based on evidence that the failure occurred in the portion of the line lying under a public alley traveled by heavy city garbage trucks, the Simmonses contend they are entitled to a trial on the city’s liability for negligence.

¶2 A motion to strike some of the Simmonses’ evidence was well taken. Their admissible evidence fails to present any genuine issue of material fact (1) that the city owed…