Robert and Carolyn Hurdle v. Dan Ryan Builders

Robert and Carolyn Hurdle sued Dan Ryan Builders negligence and breach of contract theories for maliciously, willfully and intentionally trucking in thousands of tons of dirt that caused continued flooding of the basement. Plaintiffs claimed that Defendant failed to disclose flooding issues on the property when the couple purchased the home and then attempted to hide what it had done to the property before they purchased it to conceal its acts, errors and omissions. The Hurdles purchased the home located at 114 Good Street within the Sycamore Village subdivision in 1999 for about $260,000. In February 2003, 25-26 inches of snow fell on the subdivision followed by heavy rains. The rain combined with the melting snow led to the Hurdles' 1,700 square foot finished basement to flood that March and it remained flooded until July.
Plaintiffs presented evidence that the company knew the property where Sycamore Village is located was flood prone before they purchased it and that the act of trucking in thousands of tons of dirt to raise elevations, as well as the use of pumps to drain flood water into a nearby storm water management pond, caused the continued flooding of the Hurdles' basement.

Dan Ryan Builders denied wrongdoing and claimed that the flooding of the Plaintiffs' basement was caused by extreme weather conditions in 2003.

Plaintiffs' verdict $514,000 in damages, including $131,000 for punitive damages.

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