Bushy v. Forster

The plaintiffs, Terry Bushy and her husband Robert Bushy, appeal from the judgment rendered in favor of the defendants after a jury trial. She claims that the trial court improperly failed to adapt the jury charge to the issues, pleadings and evidence of the case. We agree and reverse the judgment of the trial court.1

The plaintiffs filed a three count complaint, sounding in negligence, loss of consortium and nuisance. The gravamen of the plaintiffs’ claim was that the defendants negligently allowed water from a roof to discharge and drain onto a driveway surface, where the water froze and…