Legal Opinion

Dial v. City of O'fallon

Appellate Court of Illinois

Decided August 30, 1979No. 78-373PublishedCited by 5 opinions

1Opinion of the CourtJustice Kunce

A jury in the Circuit Court of St. Clair County awarded plaintiffappellee Geraldine Dial the sum of *23,000 as damages occasioned by the backup of sewage into her home from a sanitary sewer system operated by the defendant-appellant, the City of O’Fallon. The city filed a post-trial motion seeking in the alternative a new trial, a reduction in the amount of damages awarded, or a judgment notwithstanding the verdict. This appeal followed denial of the post-trial motion.

The plaintiff’s amended complaint alleged that her home was inundated by sewage from the city sewer system; that the city’s…

2Cases cited3 opinions

  1. Checkley v. Illinois Central RailroadIllinois Supreme Court · 1913
  2. Maton Bros. v. Central Illinois Public Service Co.Illinois Supreme Court · 1934
  3. Maton Bros. v. Central Illinois Public Service Co.Appellate Court of Illinois · 1933

3Cited by5 opinions

  1. Dial v. City of O'FallonIllinois Supreme Court · 1980
  2. Nutrasweet Co. v. X-L Engineering Corp.District Court, N.D. Illinois · 1996
  3. Schweihs v. Chase Home Finance LLCAppellate Court of Illinois · 2021
  4. Kelch v. IzardAppellate Court of Illinois · 1992
  5. Price-Moore v. JPK Capital, LtdDistrict Court, N.D. Illinois · 2020

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