Michelle Clayton Prevails in Four-Day Nonjury Trial
Michelle Clayton prevails in a four-day nonjury trial. The case was an equitable action involving who should bear the costs of replacing portions of a storm water drainage system that was improperly installed on the Plaintiff’s property more than twenty years ago. The Plaintiff sought to have the costs of replacing that system imposed upon the Defendants, the upstream property owners whose storm water drains into a South Carolina Department of Transportation (“SCDOT”) catch basin before being discharged into the Plaintiff's storm water drainage system. At the close of the Plaintiff’s evidence, the court granted the motions for directed verdict made by three of the Defendants but denied the motions of Michelle’s client. Thereafter, the remaining Defendants presented their cases. After taking the matter under advisement, the court entered an order granting judgment in favor of the remaining Defendants.