Tim and Adele Simerly and Richard and Susan Trent sued Pulte Home Corporation “Pulte”, raising claims of trespass, nuisance, negligence, negligence per se, riparian rights, unjust enrichment, and ejectment based on the company’s actions in causing excess storm water and sediment to enter the Simerlys’ and Trents’ properties. Pulte filed third-party complaints against Sally and Dwayne Lawson and Ruth Benefield collectively, the “Lawsons”, alleging that a bridge on the Lawsons’ property was the cause of damage to the properties owned by the Simerlys and Trents. The Lawsons filed counter-claims against Pulte that were similar to the claims asserted by the Simerlys and Trents. The suits were consolidated and proceeded to a jury trial, where the jury found in favor of the Simerlys, Trents, and Lawsons collectively, the “Plaintiffs and awarded them $2.49 million in damages and attorney fees. Pulte filed a motion for new trial following the entry of judgment, which the trial court denied. Pulte appeals, contending that the trial court erred in 1 denying Pulte’s motion in limine to preclude Plaintiffs’ counsel from testifying at trial; 2 failing to enforce the Georgia Rules of Professional Conduct requiring counsel to elicit only truthful evidence and failing to give a requested curative instruction following the presentation of false testimony; and 3 denying Pulte’s motion in limine to preclude Plaintiffs from referencing Pulte’s violations of the Clean Water Act “CWA” and state statutes implementing the CWA. For the reasons that follow, we affirm.
Construed in favor of the verdict,1 the evidence shows that in January 2004, Pulte purchased property in Forsyth County to develop single-family residences for what would become the Notting Hill and Fieldstone subdivisions “Pulte Development”. The Pulte Development discharged water into Harris Creek and was located upstream of the Plaintiffs’ properties. Pulte had purchased the property from Macauley Properties, which previously hired Lowe Engineering to complete a hydrology and storm water management study “Lowe Study”. The Lowe Study was completed in January 2004, and Pulte relied upon the study to design and construct the Pulte Development. The Lowe Study recommended that storm water discharges from future developments could be controlled with the construction of a weir on Harris Creek, which consisted of a partial wall across the creek, above Drew Campground Road located within Fieldstone. The weir on Harris was constructed by Macauley Properties.
