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Pribeagu v. Gwinnett Cnty.

The trial court erred in finding that the plaintiffs were not entitled to recover damages to personal property under their inverse condemnation claim.

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This Court granted the application of Corneliu and Sanda Pribeagu for interlocutory review of the trial court’s order granting a motion in limine filed by Gwinnett County, Georgia the County in the Pribeagus’ action against the County for inverse condemnation.

The Pribeagus’ complaint alleged that the County failed to maintain the road and storm water drainage system serving the Pribeagus’ residence, resulting in repetitious flooding of their home and property. The County moved for summary judgment on these claims, but the trial court denied the motion. The County then filed a motion in limine, asserting that sovereign immunity barred the Pribeagus’ claims for damage to personal property, cost of repair, emotional upset, and attorney fees. Following a hearing, the trial court granted the County’s motion in limine and excluded the testimony of two of the Pribeagus’ expert witnesses. However, the trial court granted the Pribeagus a certificate of immediate review of its ruling, which led to this appeal. The Pribeagus argue on appeal that the trial court erred in excluding evidence relating to their claims for damages to personal property and for attorney fees and in barring the testimony of two of their experts relating to damage to personal property and cost of repair.

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