Decided: March 3, 2009
Dauphin County, Pennsylvania
Brooks R. Foland (Harrisburg) obtained a nonsuit on behalf of Co-Defendant after 7 days of trial.
Plaintiffs alleged that Co-Defendant's use of its own property (placement of clean fill) caused water to come onto a portion of Plaintiffs' property thereby causing them harm. The claims were based on negligence and also for punitive damages.
The Honorable Lawrence F. Clark, Jr. granted Co-Defendant's motions for nonsuit on all claims at the close of Plaintiffs' case. The trial proceeded to verdict against the remaining Co-Defendants.