Kempter v. City of Soap Lake

¶1 Charles and Phyllis Kempter sued the city of Soap Lake (City) for damages caused by a sewer backflow into their house. The City’s motion for summary judgment was granted and the suit was dismissed. On appeal, the Kempters contend the City should be liable because it has absolute control over its sewer system. Because we find that the Kempters failed to produce evidence of the City’s negligence, we affirm.

*157Facts

¶2 The Kempters own a home in Soap Lake. As residents of the City, they are required to be hooked up to the City’s sewer system. On a regular basis, the City inspects its sewer lines…