Goodman v. Balthrop Construction Co.

626 S.W.2d 21, 1981 Tenn. App. LEXIS 559
CourtCourt of Appeals of Tennessee
DecidedOctober 29, 1981
DocketNo. 81-95-II
StatusPublished
Cited by9 cases

This text of 626 S.W.2d 21 (Goodman v. Balthrop Construction Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Goodman v. Balthrop Construction Co., 626 S.W.2d 21, 1981 Tenn. App. LEXIS 559 (Tenn. Ct. App. 1981).

Opinion

OPINION

CONNER, Judge.

The issues presented are whether the jury’s verdict is supported by evidence and whether the trial judge correctly excluded from evidence, as an offer of settlement, an exhibit offered by defendant.

The defendant-appellant, City of Lafayette, Tennessee,1 installed a new water system. Balthrop Construction Company [23]*23was the contractor. The plaintiffs, Randall and Joann Goodman, paid a tap fee to Lafayette to obtain city water at their home on August 29, 1977. Subsequently, on March 18, 1978, an employee of the city installed the water meter. At that time Mr. Goodman connected his water system to the city’s meter and turned on “his end” of the system. Then, Mrs. Goodman informed the city that their pipes were installed and that they were ready for city water service. Subsequent to that call, someone turned on the water at the meter. Plaintiffs, Bal-throp and employees of the Lafayette water operation have all denied activating the system.

Thereafter, on April 14, 1978, after the system had been in use by the Goodmans for some three weeks, their son discovered a large amount of water in the house. Investigation revealed that the water was coming from under the kitchen sink. Excessive water pressure had built up in the plaintiffs’ system causing the water filter to blow off the pipe allowing the water to escape. Neither defendant had pressure tested the water coming into the plaintiffs’ system.

Plaintiffs brought this negligence action seeking $40,000.00 in damages contending that the city and/or Balthrop caused the water to be wrongfully piped into the system prematurely. Defendants disclaimed liability averring that they had no knowledge of, or participation in, the activation of city water service at the Goodman residence. The jury found in favor of the plaintiffs against the city in the sum of $18,500.00 and absolved Balthrop. The city appealed.

Though defendant raises four issues all save one can be resolved by determining whether there is any evidentiary basis to support the verdict. This record reveals substantial proof by the plaintiff which, if believed, would render the city liable.

Mrs. Goodman said that she did not turn the water on at the meter. She testified:

Q. (by Mr. Farrar) All right. Now, had the Mayor told you anything — the Mayor at that time of the City of Lafayette — told you or made any statements to you all about to turn on or to not turn on the water at the meter?
A. No. Uh-uh. He told us not to turn it on. To call them when we got our work done.
Q. All right. Did you get your work done?
A. Yes, we did.
Q. And after that, did you see if you had any city water? Did you open the valves in your line?
A. Yeah. In our lines we did.
Q. And did you have any city water? A. No, sir, we didn’t.
THE COURT: You have to open the valves in the meter, too. Not your line. Your lines are already open. Now, when you get to the meter, you can turn it on and off at the meter, can’t you, with what we call one of those keys. She doesn’t know — now you’re asking her— now, he will know all about that. No use fretting around here with that with this lady.
Q. (by Mr. Farrar) Did you turn on the water at the meter?
A. No.
Q. Have you ever gone out there and turned on anything around the meter? A. I don’t know anything about a meter. Q. All right. Have you ever seen your husband go out there and turn on anything around the meter?
A. No, sir, I haven’t.

Mr. Goodman likewise denied any knowledge of how the city water was activated. He explained that he connected his pipes into the meter but did not turn on the city water.

Q. (by Mr. Farrar) Okay. You hooked in on this end. And this valve right here lies on the other side of the meter? A. Uh-huh.
Q. All right. It has a place'for a lock or some apparatus of that nature. So then the City valve lies on the other side of yours; right?
A. Yes.
[24]*24Q. On the other side of the meter, in fact. When you ran your line to the meter, did you have your valve open or shut, when you first ran it?
A. I had it shut.
Q. All right. When you ran it to the water meter, do you know whether or not the meter was on as far as letting the water come through it?
A. No, it was not.
Q. It was not?
A. No.
Q. How do you know?
A. Because I opened — after I got all mine ready, I turned the valve under the house to cut my well water off, and then opened the valves for the city water. Not on this. But the valves that I put in myself.
Q. When you turned the water on as far as your valves, did you get any water? A. No.
Q. All right. What did you do when you didn’t get any water from the City? A. I turned the valves back off. Turned my well back on. And told my wife to call City Hall, and tell them to come and turn the meter on.
Q. Turn the meter on. All right. And later on did you try your water to see if it was on?
A. Yes. The next day or two I tried it. And it was on. So I cut my well off, and turned it on the city water.
Q. Now, prior to that time had you talked with the Mayor, and had he informed you not to turn the City part of your water on?
A. Yes.
Q. And did you leave it off like he had informed you or instructed you?
A. Sure did.

An employee of the city, James Lamb, said that the work order for the plaintiffs’ water meter was written by Angie Hoskins, the city’s utility clerk. He said that the order directed him to “Turn on” and “set meter.” However, Mr. Lamb later testified that the order only directed him to “set” the meter and that he did not activate it. Mrs. Hoskins said that she did not remember getting any information from the Good-mans that their pipes were hooked into the system. Someone had to turn the water on and the jury simply had to determine who to believe on that question. Having observed the witnesses and had the opportunity to weigh their credibility by their verdict the jury obviously believed the plaintiffs. The trial judge sitting as the thirteenth juror approved that verdict.

This court has no right to weigh the evidence in a jury case, but must indulge every reasonable inference in favor of the plaintiff when there is material evidence in support of a plaintiff’s verdict. Houser v. Persinger, 57 Tenn.App. 401, 405, 419 S.W.2d 179, 181 (1967). Our duty upon review of conflicting evidence in a jury trial is not to determine where the truth lies, but only to determine if there was any material evidence to support the verdict below. Davis v. Wilson,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Duran v. Hyundai Motor America, Inc.
271 S.W.3d 178 (Court of Appeals of Tennessee, 2008)
Dept. of Transportation v. John Wheeler
Court of Appeals of Tennessee, 2002
Steven Bohanon v. Jones Bros., Inc.
Court of Appeals of Tennessee, 2002
Hobson v. First State Bank
777 S.W.2d 24 (Court of Appeals of Tennessee, 1989)
Pankow v. Mitchell
737 S.W.2d 293 (Court of Appeals of Tennessee, 1987)
Security Land Co. v. Touliatos
716 S.W.2d 918 (Tennessee Supreme Court, 1986)
Smith v. Smith
650 S.W.2d 54 (Court of Appeals of Tennessee, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
626 S.W.2d 21, 1981 Tenn. App. LEXIS 559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodman-v-balthrop-construction-co-tennctapp-1981.