[Download] "Currens V. Sleek" by Washington Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Currens V. Sleek
- Author : Washington Supreme Court
- Release Date : January 09, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Petitioners Cal and Elsa Currens (the Currenses) seek review of an unpublished Court of Appeals decision affirming the summary Judgement dismissal of their complaint against Respondents Irene Sleek (Sleek) and Dennis Stephenson Logging. At issue is whether liability may arise for property damage caused by an increased flow of surface water onto the Currenses' property after Sleek clear-cut and graded her land. We hold that the common enemy doctrine shields a landowner from liability for surface water flooding only if the landowner exercises due care in preventing unnecessary injury to neighboring properties. Because there is a genuine issue of material fact regarding whether Sleek exercised due care, we reverse summary Judgement and reinstate the Currenses' claim.