An uphill neighbor focused and directed storm water runoff into his downhill neighbor’s yard, garage and house. In 2010 a jury found against the uphill neighbor and awarded $50,000 in compensatory damages and $75,000 in punitive damages to the downhill neighbor. The trial court also awarded recovery to downhill neighbor of some of their attorneys’ fees incurred in the case under the theory of the ‘bad faith’ of the uphill neighbor. The trial court, however, refused to order the uphill neighbor to plug all the holes in the brick wall separating the neighbors which would stop the flow of water, the basis for the lawsuit. The jury verdict was affirmed on appeal by the Kentucky Court of Appeals with a direction upon remand for the trial court to enter an order directing the uphill neighbor to plug all the holes.
Flooding/storm water runoff/dominant estate/ servient estate/ continuing trespass/damages/jury verdict/punitive damages/ attorneys’ fee recovery
