Act of God

May 31, 2016

Tort/Negligence – Dam Failure – 2015 Flood – Strict Liability – Act of God

Greenberg Investment Partnership, L.P. v. Cary’s Lake Homeowners Association (Lawyers Weekly No. 002-093-16, 13 pp.) (J. Michelle Childs, J.) 3:15-cv-05096; D.S.C. Holding: The complaint grounds its negligence claim in defendant’s “failure to properly construct, maintain, monitor, operate and/or otherwise safely manage its dam in a reasonable manner,” and the complaint alleges that the “[...]