TT&H Attorney Sam Dunlop Wins Dismissal of Lackawanna County Property Damage Case

TT&H Attorney Sam Dunlop recently won summary judgement in connection with a property damage case in Lackawanna County, Pennsylvania.  Plaintiff alleged that water run-off from the Defendants’ above-ground pool infiltrated his property on a recurring basis, resulting in damage to his in-ground pool and to his property in general.  In discovery, it was established that the Plaintiff did not own the property throughout the time period at issue.  Rather, the property was owned by the estate of Plaintiff’s deceased in-laws, of which Plaintiff and his wife were the sole beneficiaries.

In opposing Defendants’ Motion for summary judgment, Plaintiff admitted that the property had passed to him in the course of litigation.  Judge Terence Nealon issued an eight-page Opinion noting that “any right to sue for trespass belongs solely to the possessor at the time of the trespass, and does not pass by deed.”  Consistent therewith, Judge Nealon held that the Plaintiff lacked standing to bring suit against the Defendants and dismissed the action in its entirety.

Questions about this case can be directed to Sam Dunlop at (412) 926-1432 or sdunlop@tthlaw.com.