Lutzko v. Mikris, Inc.

Opinion by

Judge MacPhail,

On or about December 9,1977, ten individual plaintiffs (plaintiffs) filed an action in trespass and assumpsit against Mikris, Inc., Mann Homes, Inc., and Robert J. Gatti (defendants).1 The complaint in trespass alleged that defendants’ negligent construction of a group of homes in a Lower Macungie Township subdivision where plaintiffs lived altered the *77contour of the land and diverted natural drainage resulting in a continuous inundation and “ponding” of water on plaintiffs’ land. The complaint in assumpsit alleged that defendants had breached warranties of reasonable…