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TAFT v. BALL, BALL & BROSAMER, INC.

No. 1 CA-CV 89-435.

169 Ariz. 173 (1991)

818 P.2d 158

Darrell TAFT and Deryll Taft, husband and wife; John B. Fowler and Valle Del Oro, a California limited partnership; Jack Compton Development, Inc., an Arizona corporation; and Superstition County Resort, an Arizona limited partnership, Plaintiffs-Appellants, v. BALL, BALL & BROSAMER, INC., a California corporation, Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department B.

Reconsideration Denied April 9, 1991.

Petition and Cross-Petition for Review Denied October 22, 1991.

Attorney(s) appearing for the Case

Brown & Herrick by Bruce M. Squire, Mesa, for plaintiffs-appellants.

Crampton, Woods, Broening & Oberg by Terrence P. Woods and Neal B. Thomas, Phoenix, for defendant-appellee.

OPINION

EUBANK, Judge.

This case involves a builder of a Central Arizona Project (CAP) Canal who allegedly diverted flood rainwater onto the real property of Darrell and Deryll Taft, John B. Fowler, and Jack Compton Development (appellants).

Taft, Fowler and Compton appeal from summary judgment in favor of Ball, Ball and Brosamer (BB & B), the builder, on the issues of strict liability, trespass, negligence and causation. We hold that summary...

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