Etherton v. City of Homewood

Vhern Etherton and his wife Barbara Etherton appeal from a judgment dismissing their action against the City of Homewood seeking compensation related to injuries Mr. Etherton suffered when he fell into an open service hole in the City of Homewood. We remand with directions.

On April 11, 1996, the Ethertons filed a complaint in the Jefferson County Circuit Court against several defendants, including the City of Homewood ("the City"). The complaint alleged that the defendants had "negligently maintained an open service hole" into which Mr. Etherton fell, and it alleged that Mr. Etherton suffered…