Premises Liability

Court/Case No: Wayne County Circuit Court/Case No. 11-010588-CZ

Tried/Argued Before: Judge

Demand:  $25,000

Verdict: $0/Motion for Summary Disposition

Name of Judge(s): John Murphy

Keys to the Case:

This lawsuit was filed by David and Robin Chirillo against their neighbor, Len Straub, for trespass to property, intentional public nuisance per se and treble damages. In Plaintiffs’ Complaint, they alleged that in 2001, Defendant Len Straub made a change to his property at or near the property line in the elevation of his property for the sole purpose of changing the direction of rain, snow and other liquids that travel on the property, so the water would run from his land onto Plaintiffs’ land. Plaintiffs testified that after the elevation of Mr. Straub’s property, after the first time it rained in 2001, upon completion of Mr. Straub’s property, they immediately and directly noticed their property flooding.

Defendant filed a motion for summary disposition, based upon the running of the three-year statute of limitations.  Plaintiffs responded by arguing that the “continuing wrong doctrine” tolled the statute of limitations. Ultimately, the Judge found the continuing wrong doctrine had been abolished by the Michigan Supreme Court in Garg v. Macomb County Cmty. Mental Health Servs., 472 Mich 263; 696 NW2d 646 (2005), amended 473 Mich 1205 (2005) and followed by Terlecki v Stewart, et al, 278 Mich App 644; 754 NW2d 899 (2008); Marilyn Foley Revocable Living Trust v Bloomfield Hills Country Club, 283 Mich App 264, 769 NW2d 234 (2009). Accordingly, the Court found that Plaintiffs’ claims were barred by the statute of limitations.

Defense SW attorney(s) Involved in Case: