Amos v. City of Butler

William, Jayne, and Laura Amos, partners in Amos Investments, owned a house at 602 East Main Street, Butler, Georgia, and sought to recover damages from the City of Butler for water damage to the property, which resulted when the City turned the water back on at the meter without giving them notice. The plaintiffs had turned the water to the house off at the meter, because they suspected a leaky faucet in the house and did not have time to fix it. The City replaced the water meters in the area and replaced the plaintiffs’ meter as well, turning the water back on to the house when the replacement was finished. There was no leaky faucet, but a leaky pipe, which later burst, flooding the property. The question presented consists of did the City breach any duty by turning the water back on without notice to the plaintiffs The trial court did not err in granting summary judgment.

In the spring of 1996, Jayne Amos discovered dampness under the kitchen sink. Amos called Scott Stalnaker, her handyman, and he came to inspect. Stalnaker found dampness under the kitchen cabinet and turned the water to the house off at the meter until he could make repairs. Neither Amos nor Stalnaker notified the City of Butler that the water had been cut off to prevent a leak and was to remain off until further notice.