Ashworth v. Division of Highways

Claimants own a house and property located on Austin Drive, formally U.S. Route 60. On July 31, 1992, claimants’ property sustained flood damage when a ditch on the opposite side of Austin Drive overflowed across the road, down their driveway, and into their family room. Austin Drive is a road owned and maintained by respondent. Both claimants lost work as a result of having to clean their family room after the flood; personal property was damaged by the water; and, claimants incurred costs for cleaning supplies and for renting equipment to clean the flooded area of their home. The damages…