Kirkham v. Wright

KELLY, Judge.

John and Marilyn Kirkham, husband and wife, brought a nuisance action against their next-door neighbors Kingsley 0. Wright and Joyce Wright, for damages to the Kirkhams’ premises from excessive surface water runoff allegedly resulting from the Wrights’ installation of an in-ground swimming pool. The jury returned a unanimous verdict in favor of the Kirk-hams in the amount of $56,600.00. The trial court granted the Wrights’ motion for judgment notwithstanding the verdict or, in the alternative, motion for new trial and ordered a new trial. The trial court also set aside its prior…