Fain v. Great Spring Waters of America, Inc.

HOLCOMB, Justice.

Harold Fain, Doris Fain, and. Bart Sipri-ano, Appellants (“landowners”) filed suit against Appellee, Great Spring Waters of America, Inc., a/k/a Ozarka Natural Spring Water Co. (“Ozarka”) for negligently draining their water wells. The trial court granted summary judgment for Ozarka, from which the landowners now appeal. They complain that the lower court erred when it granted Ozarka’s motion for summary judgment because their allegation of malice was sufficient to defeat summary judgment. They also ask this court to reverse the summary judgment because the policy reasons,…