Legal Opinion · Dissent

Farley v. Hammond Sanitary District

Indiana Court of Appeals

Decided September 12, 2011No. 45A05-1008-CT-481Published

1DissentVaidik, Judge

I believe that the trial court was correct in striking expert Williams’ third statement of opinion. And since that opinion provides the only purported evidence that negligent maintenance of the sewer lines caused the non-scouring sewer plaintiffs’ flooding, the plaintiffs are unable to sustain a prima facie negligence claim and the defense is entitled to summary judgment.

Williams claims in his third opinion set that “HSD failed to clean its non-scouring sewers and keep these sewers free of accumulated debris, thereby reducing sewer capacity for plaintiffs!] connected to and upstream of…

2Cases cited3 opinions

  1. C & C Oil Co. v. Indiana Department of State RevenueIndiana Tax Court · 1991
  2. Burp v. StateIndiana Court of Appeals · 1993
  3. City of Bloomington Utilities Department v. WalterIndiana Court of Appeals · 2009

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