Lawley v. Kansas City

PRITCHARD, Presiding Judge.

Plaintiff recovered judgment against appellant City in the amount of $15,000.00 for an injury to his foot when a 500 pound gate valve of a water main fell upon it. Plaintiff was a foreman of a two-man labor crew, and was working in a hole or pit when the gate valve fell as it was being lowered into the pit in a cable “sling” by a crane truck crew of the City.

The City makes four points, and ten sub-points. The most hotly contested issues are whether plaintiff properly pleaded or made a submissible case under the doctrine of res ipsa loquitur. The time-honored and…