Duane v. Presley Const. Co., Inc.

Ness, Justice.

This appeal is from an order granting summary judgment to respondent Riverside Builders. We reverse.

John P. Duane brought suit against Riverside Builders, seeking $20,000.00 damages for alleged water concentration and silting upon his property caused by Riverside’s development of the adjacent Brookgreen Subdivision. Appellant Presley Construction Company, Inc., an independent contractor who had cleared and improved the land, was joined in the suit as an additional defendant.

Riverside moved for summary judgment upon the ground that if the clearing of the land in Brookgreen…