Gdowski

Introduction

Diana Gdowski and James S. and Roella Louie own adjoining properties in a residential subdivision in Palos Verdes Estates. Following heavy rains in January 1995, Gdowski’s home was flooded and severely damaged. By a cross-complaint, Gdowski (plaintiff) sued the Louies (defendants), claiming they were responsible for her loss because their landscaping had altered the natural flow of the surface waters.

A jury trial was conducted which resulted in a defense verdict. On this appeal, plaintiff raises contentions of instructional error and improper evidentiary rulings. Plaintiff’s claim of instructional error is well taken. As we will explain, decisional law defining liability based upon a defendant’s diversion of the natural flow of water makes clear that traditional negligence principles do not apply in this situation. In particular, even were a jury to find that defendants had acted reasonably, defendants would nonetheless still be liable for plaintiff’s damages if the jury also found plaintiff had acted reasonably. Plaintiff submitted jury instructions based upon this body of law.. The trial court refused to use those instructions and, instead, instructed…