Sewage back-up case dismissed because victims' expert opinion was 'mere conjecture."
In the recent case of Holiday Park Realty LLC v. the City of Lansing, the plaintiff argued that it suffered property damage because of a defect in the City's sewage system. The City argued that the damage was caused by excessive rainfall and inadequate on-site drainage, and that there was no defect in the system. The plaintiff presented an expert who testified that the cause of the damage was not inadequate drainage, but the Court summarily dismissed the plaintiff's case, concluding that the expert's opinion was "mere conjecture."