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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. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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