OCR Text |
Show Negligence ruled out in subsidence cases PAROWAN A case charging Cedar City with negligence in the sinking of two homes on Spruce Street has been dismissed. Fifth Circuit Court Judge J. Harlan Burns pronounced a directed verdict on the third day of the trial last week, saying that the jury, which had listened to the evidence up to that point, needn't hand down a verdict because there wasn't even enough evidence of ! negligience to have its members debate it. The suits, Jeff and Terry Peterson and Barry and Carol Eaton vs. Cedar City, had been filed separately, but were heard together because the facts and evidence were the same. The two couples claimed that the city was negligent in maintaining a water line, thus there was leakage, causing subsidence in the area and serious damage to their homes, including cracked walls and doors that no longer fit.. GUnn B. McKay was the attorney for the two couples, and City Attorney Robert Braithwaite and Dave Williams represented the city. In opening statements McKay said that it would cost from $10,000 to $20,000 to repair each home, and then it wouldn't be guaranteed that it wouldn't happen again. He also noted that the value of the Peterson home had been diminished by $36,000 and the Eaton home by $47,000. Also, it had cost about $30,000 each to move the homes from the neighorhood to other parts of town. However, Williams countered that the issue was over what had caused the settling and had the city done anything wrong. He cited a number of dates in an attempt to show that some settling had happened before any water leaks had been reported in the area, and that the city was not responsible in the matter. The case, according to McKay can be appealed or refiled; however, his clients at this time have made no decision regarding such. |