Whorton v. Malone

McGRAW, Chief Justice:

Appellants Floyd and Mildred Whorton, plaintiffs below, appeal a March 15, 2001, order of the Circuit Court of Mineral County granting summary judgment in favor of certain defendants below. The Whortons filed suit against several neighboring landowners for flooding and water damage to their home and property, which they alleged was caused by the acts and omissions of the defendants in controlling the flow of water on the various properties. Because we find that questions of material fact remain in dispute, we reverse.

I

BACKGROUND

On the seventh day of July, 1993,…