Burt v. Beautiful Savior Lutheran Church of Broomfield

Opinion by

Judge DAVIDSON.

Defendant, Beautiful Savior Lutheran Church of Broomfield, appeals a judgment entered on a jury verdict in favor of plaintiffs, Wayne Burt, Donna Draper, and Curtis Draper, for water damage to Burt’s real property resulting from defendant’s negligence and trespass. We affirm in part, reverse in part, and remand with directions.

Defendant and Burt are adjoining landowners. The Drapers are Burt’s daughter and son-in-law, and are tenants in the Burt residence. Defendant’s property, which is immediately west of Burt’s, is markedly sloped downwards directly toward the Burt…