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SIMMONS v. CITY OF OTHELLO

No. 34343-0-III.

399 P.3d 546 (2017)

199 Wn.App. 384

Donald and Katrina SIMMONS, husband and wife, Appellants, v. CITY OF OTHELLO, Respondent.

Court of Appeals of Washington, Division 3.

June 27, 2017.

Attorney(s) appearing for the Case

Alicia Marie Berry , Liebler Connor Berry & St. Hilaire PS, 1141 N. Edison St., Ste. C, Kennewick, WA, 99336-1434, for Appellants.

Kelly E. Konkright , Lukins & Annis, P.S., 717 W. Sprague Ave., Ste. 1600, Spokane, WA, 99201-0466, for Respondent.

¶ 1 Donald and Katrina Simmons appeal the summary judgment dismissal of their lawsuit against the city of Othello, arising from the failure of a line connecting their home to the city's main sewer line. Based on evidence that the failure occurred in the portion of the line lying under a public alley traveled by heavy city garbage...

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