Taft v. Ball, Ball & Brosamer, Inc.

OPINION

EUBANK, Judge.

This case involves a builder of a Central Arizona Project (CAP) Canal who allegedly diverted flood rainwater onto the real property of Darrell and Deryll Taft, John B. Fowler, and Jack Compton Development (appellants).

Taft, Fowler and Compton appeal from summary judgment in favor of Ball, Ball and Brosamer (BB & B), the builder, on the issues of strict liability, trespass, negligence and causation. We hold that summary judgment on the issues of strict liability and trespass was proper, but reverse the judgment on the issues of negligence and causation.

PACTS AND PROCEDURAL…