Brown v. Sandwood Development Corp.

Ness, Justice:

This is a tort action alleging respondents, Sandwood and Sharpe, were negligent in designing and constructing a con crete spillway. The trial court directed a verdict in favor of respondents. We disagree and reverse.

This spillway was constructed in 1968 by respondent Sharpe for respondent Sandwood Development Corporation. The appellants are owners of residential lots surrounding the pond where the spillway is located. Sandwood was the original vendor-subdivider of the residential lots which he sold to six of the appellants. The Sandwood dam collapsed on December 12,1976, and…