Court Boots Hep C Claim

     AMARILLO, Texas (CN) – A city is not responsible for sewage damage to a home because the real cause of the damage was the plaintiff’s intravenous drug use, the Texas Courts of Appeal ruled.

     Judge Boyd upheld the trial court’s decision to exonerate the City of Littlefield for damage to Grace Williams’ home.
     Williams blamed the city for her contracting hepatitis C. A medical expert debunked her testimony, and the city water superintendent did not detect “a foul order or sewage,” only clear water in the bathroom.
     Williams lost the case because she failed to produce evidence in time to rebut the city’s assertion that Hayes’ drug use caused her disease.
     “To warrant consideration by the trial court,” Boyd ruled, the evidence “should have been filed by appellant in trial court at least seven days prior to the day of the summary judgment hearing.”
     
     

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