Lott v. City of Daphne

HOUSTON, Justice.

This is the second appeal in this case. In the first appeal, Lott v. City of Daphne, 539 So.2d 241 (Ala.1989), which more than adequately sets forth the pertinent facts of *545this case, the Court reversed and remanded for a jury trial. The jury returned a $7,500 verdict for Wade D. Lott against the City of Daphne for damage to Lott’s property caused by the City’s storm drainage system. Lott did not appeal; the City paid the $7,500 into the court, and Lott accepted it in satisfaction of the judgment entered on his claim for monetary damages. However, Lott limited the satisfaction…