Savage v. E. R. Snell Contractor Inc.

The plaintiffs claimed that repeat flooding on their property constituted a continuing nuisance and trespass, such that a new cause of action arose with each loss.

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Plaintiffs Reba Savage, Jack Savage, and Erin Glanton Savage collectively, the “Savages” sued the Georgia Department of Transportation “DOT” and E. R. Snell Contractor, Inc. “Snell”, alleging that the defendants’ road widening project created flooding on the Savages’ property. Snell moved for summary judgment, and the trial court granted the motion. DOT filed a motion to dismiss, arguing that the Savages’ claims were barred based on their failure to give the requisite ante litem notice pursuant to OCGA § 50-21-20, and the trial court granted the motion in part and denied it in part. The Savages appeal in Case No. A08A1368, alleging that the trial court erred in granting summary judgment to Snell. DOT appeals in Case No. A08A1369, contending that the trial court erred in failing to dismiss the Savages’ case in its entirety. For reasons that follow, we affirm. Plaintiff Reba Savage owns property located adjacent to Highway 124 on Sunderland Drive in Snellville. She lives in the home on the property with her son and daughter-in-law, plaintiffs Jack Savage and Erin Glanton Savage. Shortly before she purchased the property, Reba Savage learned that DOT intended to widen Highway 124. On June 24, 1998, after the closing, Savage sold a portion of the property to DOT and granted them a temporary easement for purposes of the road widening project.

The state awarded Snell the contract for the expansion project, and they began construction some time during 2004 or 2005. After Snell began clearing and grading the land, the Savages experienced heavy flooding on their property.1 According to Reba Savage, on multiple occasions, rainwater broke through silt fence barriers erected by Snell and pooled in her backyard, sometimes standing “for days.” The water also entered the house, flooding one of their bedrooms on at least 15 occasions. The Savages also had their septic tank pumped approximately five times during the course of construction after sewage erupted from their toilets, bathtubs, sinks, and flooring.

Savage v. E. R. Snell Contractor Inc.

The plaintiffs claimed that repeat flooding on their property constituted a continuing nuisance and trespass, such that a new cause of action arose with each loss.

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