Reginald S. Grimmett v. William D. and Kerry L. Smith

LOUGHRY, Justice:

The petitioner and defendant below, Reginald S. Grimmett, appeals a September 23, 2014, order of the Circuit Court of Wood County setting aside a jury verdict and granting a new trial to the respondents and plaintiffs below, William Smith and his wife, Kerry Smith. The Smiths filed a complaint on May 20, 2011, asserting Mr. Grimmett damaged their real property while developing a mobile home community on his adjacent tract of land by allowing sediment to cross the boundary line and settle into their pond. At the end of a three-day trial in July 2014, the jury returned a…