The plaintiff, a country club, alleged that due to the negligence of our client in not checking the ground-water valve, the club swimming pool was dislodged and rose out of the ground after a thunderstorm. They requested damages of $145,000 for repair of the pool and lost members.
The defendant maintained that the valve was checked and functioning when the maintenance work was complete. We maintained that the damages resulted from an act of nature. A severe drought ended in a freak thunderstorm that dumped so much rain that the ground was unable to absorb it. Water absorption was aggravated by a parking lot that drained surface water under the pool. The standard valve was unable to accommodate such a unusual confluence of water and the pool rose from the ground.
The plaintiff was unable to prove any loss of membership and decided to take the settlement offer of $65,000.