Wilmock, Inc. v. French

Carley, Judge.

Appellee-plaintiff is a homeowner. She brought this suit in tort against appellant-defendant and numerous others, seeking to recover damages for the malfunctioning septic tank system that was located on her property. Appellant is the general contractor who built the house and appellee alleged that appellant’s negligence in that capacity was a proximate cause of the injury to her property. Appellant answered, denying the material allegations of appellee’s complaint.

The case came on for jury trial. At the close of appellee’s evidence and then again at the close of all the…