reversing a summary judgment, in part, when the expert testified that the City's failure to maintain storm-water culverts contributed to flooding and that the City's permits for development would increase the discharge of surface water
How later courts described this case
- reversing a summary judgment, in part, when the expert testified that the City's failure to maintain storm-water culverts contributed to flooding and that the City's permits for development would increase the discharge of surface water
- noting that continuous torts toll the running of the statutory limitations period
- continuous torts toll the running of the statutory limitations period
Written by the judges who cited it.
The opinion
I concur in the majority opinion to the extent it affirms the summary judgment as to the negligent-construction and negligent-design claims (Part I.A.). I concur in the statement of law contained in Part I.B. dealing with the statute of limitations in the context of a claim alleging negligent maintenance. However, I cannot join that portion of Part I.B. reversing the summary judgment as to the plaintiffs' negligent-maintenance claims, because I must dissent from Part II. I do not think the plaintiffs, on their claims alleging negligent maintenance, offered sufficient evidence of a causal relationship between the injuries complained of and the conduct of the City.
See, J., concurs.