September 1, 2016 – Brothers Bennett and Bodine owned a residence which was occupied by Bennett adjacent to a subdivision being developed by Liter’s.  At the time of the trial only six of the proposed 63 lots had been developed.  Bennett and Bodine alleged that the subdivision was negligently designed so that “surface water would be collected into a body and discharged” onto their property causing flooding.  Defendants’ main defense was the common enemy doctrine.  The appellate court acknowledged that an exception to the common enemy doctrine exists “where an owner of land, by artificial means, throws or casts water onto his neighbor in unusual quantities…”  A six day jury trial resulted in a verdict for Bennett and Bodine of $102,300.00.