Graham v. Town of Latta

CURETON, A.J.

I concur in the result reached by the majority. I write separately, however, to address Section III of the opinion on damages.

First, I find the Town is not entitled to a new trial because the circuit court allowed Benton to testify about an estimate to rebuild the Grahams’ house. At trial, the Grahams presented evidence from which the jury could infer that the house was in an unlivable condition. Although Watson testified people can continue living in a house after a sewage overflow, there was evidence the sewage pipe ran underneath the Grahams’ house. Specifically, Mr. Graham…