Handley v. City of Birmingham

After a jury verdict in favor of plaintiff Handley, the trial court granted defendant's motion for judgment notwithstanding the verdict. The only issue in this case is whether there was a scintilla of evidence favorable to the plaintiff. Finding such a scintilla of evidence, we reverse and remand.

The plaintiff, Dorothy F. Handley, lives in Birmingham, Alabama. During the evening of October 1, 1981, her home became flooded with raw sewage that backed up through two commodes. The Street and Sanitation Department of the City of Birmingham came to Handley's home and relieved the blockage in the…