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 minimum engineering standards and the City of Hoover’s requirements. The development resulted in the deposit of rocks, sediment, silt, and debris onto the Winther Property.

Damages

The plaintiffs suffered property damage from:

  • Unnatural flooding
  • Soil erosion
  • Silt and debris deposits
  • Damage from concentrated water flow
  • Property value diminishment
  • Land degradation

The plaintiffs sought compensatory and punitive damages for all claims, with amounts to be determined by a jury.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Matthew T Winther | Tracey Winther
    • Counsel for Plaintiff: Michael B. Odom| Terra LeAndrea Silva

 

  • Defendant(s):United States Steel Corporation
    • Counsel for Defendants: Bart Turner| John Alan Truitt | Jennifer Anne Simon 

Claims

Common Law Water Claim:

USS unlawfully interfered with natural water drainage, violating Alabama’s common-law right protecting lower property owners from upper property owners’ interference.

Trespass:

USS’s actions resulted in unauthorized deposits of materials and erosion on the Winther Property.

Nuisance:

USS created an ongoing nuisance through the continuous diversion, concentration, and intensification of stormwater.

Negligence/Wantonness:

USS negligently and wantonly designed and developed The Preserve, installing inadequate drainage infrastructure that diverted stormwater from its natural course.

Defense

USS Steel Corporation asserted that it strictly followed all applicable laws, regulations, and engineering standards in developing The Preserve subdivision. Their stormwater management system met and exceeded the City of Hoover’s requirements and industry standards. The company argued that water flow onto the Winther Property occurred naturally due to the area’s topography and resulted from standard development practices.

USS stated that its development plans received all proper approvals from local authorities and regulatory bodies before construction began. The company demonstrated that its stormwater management system was designed and constructed in full compliance with professional engineering standards. USS maintained that all changes in water flow remained within reasonable and legally permissible limits throughout the development process.

USS contended that external factors, specifically unusual weather events and pre-existing site conditions, caused the damages claimed by the Winthers. The company presented evidence that the plaintiffs failed to implement reasonable measures to protect their property from natural water flow. USS further demonstrated that several damages claimed by the Winthers existed before The Preserve’s development began.

Jury Verdict

On September 20, 2024, the jury found U.S. Steel liable for both trespass and nuisance claims based on the preponderance of evidence. In the trespass claim, the jury determined that U.S. Steel intentionally caused more than de minimis amounts of sediment, rock, and debris to flow from The Preserve onto the plaintiffs’ property. They also concluded that U.S. Steel reasonably should have known its conduct would result in these deposits.

For the nuisance claim, the jury found that U.S. Steel caused more than minimal amounts of sediment, rock, and debris to be deposited on the plaintiffs’ property. The jury determined these deposits would affect an ordinary, reasonable person and caused the plaintiffs harm, inconvenience, and interference with their land use and enjoyment.

On the negligence claim, the jury found that U.S. Steel did not fail to act as a reasonably prudent person would have acted regarding sediment, rock, and debris management in a similar situation.

Regarding damages, the jury determined that U.S. Steel caused the plaintiffs’ property to lose value. They assessed the property’s value before the harm at $401,700 and after the harm at $166,550, resulting in compensatory damages of $235,150 in a Property damage lawsuit.

Court Documents:

Available Upon Request