Benedict v. Northern Pipeline Construction

ELLIS, Presiding Judge.

Respondent Heather A. Benedict filed suit against Appellant Northern Pipeline seeking damages for injuries she sustained in a fall when a sink hole developed in a flush-filled excavation area of the sidewalk near her home. The case was tried to a jury in the Circuit Court of Jackson County, and Ms. Benedict was awarded a judgment in the amount of $275,000. Northern Pipeline brings this appeal.

The following is a summary of the facts viewed in the light most favorable to the verdict. In the summer of 1996, Appellant excavated a portion of the sidewalk on Ms. Benedict’s…