Winther et al vs. United States Steel Corporation

Case Background

On October 15, 2018, Plaintiff Christy Lynn Trimbath filed a Property damage lawsuit in the District Court, Alabama Northern (Case number: 2:18cv1693). Judge R David Proctor presided over the case.

Cause

Matthew T. Winther and Tracey Winther owned property in Jefferson County, Alabama, specifically Lots 1, 2, and 3 in Hurricane Branch Estates. United States Steel Corporation (USS) owned and developed The Preserve Subdivision, which sat at a higher elevation than the Winther Property. USS continuously altered The Preserve by clearing vegetation, changing natural contours, and installing paved surfaces, curbs, gutters, and underground stormwater drains. In February 2017, USS recorded a subdivision plat for Phase XIV of The Preserve, adding approximately 52 new residential lots. USS diverted the natural stormwater path from the subdivision and channeled the water flow onto the Winther Property.

Injuries

The development caused unnatural flooding, erosion, and silting on the Winther Property. USS's storm drain outlet on the northeast side of The Preserve discharged water directly onto the Winther Property at increased rates and volumes compared to pre-development conditions. The stormwater drainage system failed to meet