Paul v. City of Swartz Creek

Defendants appeal from judgments entered on jury verdicts in favor of the individual plaintiffs. The theory of plaintiffs’ action was that the negligence of defendants caused the sanitary sewer system of defendant city to back up and flood their basements which resulted in personal injury and property damage to each plaintiff.

Plaintiffs gave defendant city timely written notice of their intent to hold the city liable for their damages, as required by the city charter. However, plaintiffs’ bill of particulars and amended bill of particulars listed items of damage not specified in the written…