DOWNEY v. STATE FARM FIRE & CAS. CO.

No. 00-3473.

266 F.3d 675 (2001)

Michael DOWNEY, Plaintiff-Appellee, v. STATE FARM FIRE & CASUALTY CO., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 17, 2001.


Attorney(s) appearing for the Case

Kenneth E. Davies (argued), The Leiter Group, Peoria, IL, for Plaintiff-Appellee.

Brad A. Elward (argued), Heyl, Royster, Voelker & Allen, Peoria, IL, for Defendant-Appellant.

Before EASTERBROOK, ROVNER, and DIANE P. WOOD, Circuit Judges.


EASTERBROOK, Circuit Judge.

Michael Downey lives on a hill in Peoria, Illinois. His back yard runs downward at a 35° angle, creating a danger of soil erosion that could compromise the foundation of his house. A retaining wall supported the soil, but in February 1997 heavy rain washed away the wall and much of the soil that it had been retaining. This in turn caused the house's foundation to shift and become unstable...

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