Schmitt v. City of Evansville

OPINION

BAILEY, Judge.

Case Summary

Joan Schmitt filed a small claims action against the City of Evansville, the City of Evansville Board of Public Works, and the City of Evansville Sewer and Water Utility (“City”). She appeals the trial court’s order granting the City’s Motion for Judgment on the Evidence. We affirm.

Issue

Schmitt raises two issues on appeal, one of which we conclude to be dispositive and restate as: whether the trial court erred in granting the City’s Motion for Judgment on the Evidence where there was no evidence that the City had actual or constructive notice of the condition…