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City of Atlanta v. Demita

No evidence showed that the City of Atlanta negligently constructed or maintained a storm water drainage system that caused damage to the plaintiff's home and property.

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Regina Demita brought this nuisance action against the City of Atlanta in the State Court of Fulton County to recover for damage to her home and property allegedly caused by the City’s negligent construction or maintenance of a storm water drainage system. A jury found in Demita’s favor and awarded her $85,200 in damages, $88,800 in attorney fees, and $54,433.21 in litigation expenses. The City appeals from the judgment, contending, inter alia, that there was no evidence that it created or maintained a nuisance and that it is therefore entitled to judgment as a matter of law. For the reasons explained below, we reverse.

1. The City contends that there was no evidence that it created or maintained a nuisance or that it violated any duty to abate the alleged nuisance. Rather, the City contends that the evidence established that the developer that built a group of homes, including Demita’s home, on Oakridge Avenue, created the conditions that allow water to collect on her property. Accordingly, the City contends that it is entitled to judgment as a matter of law.

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