Clay v. Walden Joint Venture

In early February 1989, Michael P. Clay and Karen E. Clay purchased a new house in the Bentley Woods Subdivision in Mobile; on February 28, the house was severely damaged by a flood. On March 21, 1990, the Clays sued their realtor and the builder of the house, alleging negligence, fraud, misrepresentation, and breach of an implied warranty as to the new residence.1 In count five of their complaint, the Clays alleged negligence against unknown parties who platted and developed the Bentley Woods Subdivision, alleging that those parties designed and implemented an inadequate drainage system and…