Robert Passmore

The plaintiffs sued the defendant home builder in negligence and nuisance after their basement flooded, causing agreed damages of $65,328.99.

The plaintiffs alleged that the defendant's construction activities on the adjacent lot obstructed a municipal drainage ditch, causing water to back up and overwhelm their sump pump.

The court preferred the evidence of the defendant's expert, finding it more likely that spring runoff overwhelmed the sump pump or that the pump malfunctioned independently.

The court concluded the plaintiffs failed to prove causation on a balance of probabilities and dismissed the action.

The plaintiffs sued the defendant home builder in negligence and nuisance after their basement flooded, causing over $65,000 in agreed damages.

The plaintiffs alleged that the defendant's construction activities on the adjacent lot obstructed a municipal drainage ditch, causing water to back up into their sump pump system and overheat the pump.

The court weighed conflicting expert evidence and preferred the defendant's expert, finding it more likely that spring runoff overwhelmed the sump pump or that the pump malfunctioned independently.

The court concluded the plaintiffs failed to prove on a balance of probabilities that the defendant's actions caused the flood, and dismissed the action.