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Agreement doesn’t preclude subsequent lawsuit for water damage

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A release agreement a Warrick County couple signed in 2002 regarding water issues in their home resulting from county work that disconnected downspout lines from the home does not preclude the couple from suing the city after discovering water damage to their home in 2007, the Court of Appeals held.

William and Stacy Hill found a significant amount of standing water in the crawl space under their home in 2002 after Warrick County performed drainage work in a ditch adjacent to the Hills’ home. The ditch was filled, eliminating it. In the process, downspout lines that had previously drained the Hills’ home’s roof gutters into the ditch were disconnected.

The couple signed an agreement and release with the county after it paid a contractor’s bill. But the Hills continued to have problems with accumulating water and, in 2007, discovered that their home had structural problems attributable to high moisture conditions in the foundation soil. An engineering firm submitted a report that the foundational problems were due to the elimination of the ditch.

In December 2007, the Hills filed a notice of tort claim. They filed their lawsuit in November 2008 against the county and Cincinnati Insurance Co. for damages. The county sought summary judgment, which was denied. The Court of Appeals affirmed on interlocutory appeal.

The release agreement the Hills signed did not preclude their 2008 lawsuit because the language of the agreement didn’t mention an elevated water table or connect the known blockage problems with structural damages to the home, wrote Judge Cale Bradford. The judges rejected the county’s claim that “other damages” and “interference with drainage from the home” shows that the structure problems now at issue were an understood term in the release agreement.

The Court of Appeals found the Hills filed their tort claim notice within the six-year statute of limitations on actions for injury to property other than personal property, and complied with the Indiana Tort Claims Act. The structural problems discovered in 2007 weren’t known in 2002, the judges held, and are distinguishable from the original issue of disconnected downspouts.

 

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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