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KEMPTER v. CITY OF SOAP LAKE

No. 24251-0-III.

130 P.3d 420 (2006)

132 Wash.App. 155

Charles KEMPTER and Phyllis Kempter, husband and wife, Appellants, v. CITY OF SOAP LAKE, Respondent.

Court of Appeals of Washington, Division 3.

March 21, 2006.

Attorney(s) appearing for the Case

Dwayne C. Fowles, Lukins & Annis PS, Moses Lake, WA, for Appellants.

Brian A. Christensen, Jerry Moberg & Associates, Ephrata, WA, for Respondent.

SCHULTHEIS, J.

¶ 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.

FACTS

¶ 2 The...

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