Missouri Court of Appeals, Eastern District / Oct 18, 2022
Belinda Wilkins, Appellant, v. John Hendel and Patricia Hendel, Respondents, and City of Maplewood, Missouri, Defendant.
Belinda Wilkins sued John and Patricia Hendel for negligence and nuisance after falling into an uncovered sewer vent on a public right-of-way adjacent to their property. The trial court granted summary judgment for the Hendels, finding they owed no duty to Wilkins. The appellate court affirmed, holding that the Hendels did not make a "special use" of the public right-of-way, which would have created a duty to maintain or repair the sewer vent.