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By stan_sipple

Missouri Supreme Court reverses inverse condemnation verdict from Jackson County Circuit Court for a remittitur or new trial on damages arising from recurring sewage back-ups onto plaintiff's property. Donna Collier, Respondent v. City of Oak Grove, Missouri, Appellant. : SC88580Collier brought an inverse condemnation suit against the city, seeking damages for losses to her real and personal property (recurring sewage back-ups for nearly 12 years). The jury awarded her $200,000 on her real and personal property damage claim, on which the court awarded her more than $139,500 in prejudgment interest from the date of the first uncompensated backup. The court denied motions for remittitur (reduction of damages) or a new trial. The city appeals. Collier failed to present sufficient evidence for the jury to place a value on her loss, the trial court erred in failing to order remittitur or a new trial. Under Article 1 Section 26 Missouri Constitution the state owes the plaintiff for a permanent taking damages for the lost fair-market value of the property. The Court will presume the jury awarded Collier $100,000 for the total taking of her home. Plaintiff still must provide evidence, however, of approximately $100,000 in personal property damages. Plaintiff did not provide information about the type and amount of property she lost or the estimate of its value. The trial court had the option of ordering either remittitur or a new trial, but it failed to do either, so this case must be reversed and remanded (sent back) for further consideration.

Full post as published by Showmeblawgs on March 21, 2008 (boomark / email).