Westfall v. Town of Hugo

Opinion by

Judge CRISWELL.

Plaintiff, Gilbert O. Westfall, appeals from the judgment entered on a jury verdict dismissing his claim for damages allegedly caused by a fire emanating from a sanitary landfill operated by the defendant, Town of Hugo. He argues that the trial court committed reversible error by admitting evidence of plaintiff’s prior lawsuits and in refusing to instruct the jury upon certain administrative regulations. We agree; hence, we reverse and remand for a new trial.

For a number of years, the Town has operated a sanitary landfill in the unincor*301porated portion of Lincoln…