Groff v. Circle K. Corporation

OPINION

HENDLEY, Judge.

Plaintiffs recovered damages as a result of defendant’s construction of a store and parking lot which caused surface waters to discharge onto plaintiffs’ property. Defendant appeals asserting lack of substantial evidence and contributory negligence. Plaintiffs’ cross-appeal relates to the trial court’s finding and award for plaintiffs’ failure to mitigate damages.

We affirm on defendant’s appeal and reverse on plaintiffs’ cross-appeal.

Defendant built a new store on a parcel of land south of plaintiffs’ lot. Prior to defendant building the store the drainage of surface…