CITY OF NEW SMYRNA BEACH, ETC. v. McWhorter

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that city may be liable for negligent maintenance of sewer system, even though doctrine of res ipsa loquitor was inapplicable
• noting that only after a plaintiff carries the burden of proof as to each requisite element of the doctrine may the court permit consideration of the res ipsa loquitur inference
• “{Ijt is incumbent upon the plaintiff to present his or her case in a manner which demonstrates and satisfies each of the doctrine’s requisite elements and only after the plaintiff carries this burden of proof may a court supply the inference.”

Source: CourtListener parenthetical corpus (CC0).