Gutierrez v. Rio Rancho Estates, Inc.

OPINION

SUTIN, Judge.

Plaintiffs sued defendants for damages on theories of negligence and nuisance as a result of water runoffs from defendants’ property onto plaintiffs’ land. The court instructed the jury on strict liability and the jury returned a verdict for plaintiffs. Defendants appeal from the judgment entered. We reverse.

The facts in this case are fairly simple and undisputed. Plaintiffs are owners of 14 acres of land which lie adjacent to and below the development of Rio Rancho Estates, the property of defendants. Defendants had constructed retention dams and drainage facilities from…