Jerry Cox v. Water and Wastewater Treatment Authority Of Wilson County, Tennessee

While a homeowner was standing on the water meter box in his yard, the concrete cover on the box moved unexpectedly, and the homeowner was injured. The homeowner sought compensation for his injuries from the county water authority. The water authority denied it had prior notice that the water meter box was dangerous or defective and alleged the comparative fault of the homeowner. After a bench trial, the trial court found the water authority had actual notice of the dangerous or defective condition of the water meter box and failed to take appropriate action. The court allocated 100% of the fault to the water authority and awarded the homeowner both economic and noneconomic damages. The water authority challenges the trial court’s findings on liability, comparative fault, and the amount of noneconomic damages. The water authority also claims that the trial court made several procedural errors. We conclude that the evidence does not preponderate against the trial court’s factual findings. Discerning no reversible error, we affirm.