Martin v. Bank of America
New Jersey Superior Court, Appellate Division
2018 WL 3614171 (2018)
- Written by Salina Kennedy, JD
Facts
Bank of America (BoA) (defendant) negligently graded its property, causing Douglas Martin and Kimberly Martin’s (plaintiffs) land and the basement of their home to flood. The Martins sued BoA for trespass and asked the court to award them $750,000 in restoration damages. This figure included the cost to raise the grade of the Martins’ house, pool, deck, and grounds three feet to be level with adjoining land, mitigating the flooding. BoA presented evidence that the Martins’ home was worth $475,000 prior to the flooding, which caused the property to diminish in value by $25,000. BoA also presented evidence that it would cost $28,000 to waterproof the basement. A jury found BoA liable for trespass, and the trial judge awarded the Martins $25,000 in damages for the diminution in the value of their property. The Martins appealed.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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