Driscoll v. Toll MA Ltd. Partnership, 26 Mass. L. Rptr. 345 (2009)

Citation: Driscoll v. Toll MA Ltd. Partnership, 26 Mass. L. Rptr. 345 (2009)
Parent Document: Driscoll v. Toll MA Ltd. Partnership, 26 Mass. L. Rptr. 345 (2009)
Jurisdiction: Massachusetts (state)
Effective Date: 2009-12-28
Original Source: https://www.courtlistener.com/opinion/8357328/driscoll-v-toll-ma-ltd-partnership/ ↗

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In April 2007, while litigation was pending, Donald Driscoll intentionally shut off the sump pump overnight during a heavy rainstorm to record video of water infiltration in the basement for purposes of litigation. In August 2008, the defendants offered to hardwire the sump pump and to install a battery backup to protect against power outages, but the plaintiffs did not allow the defendants to perform the proposed work. In December 2008, the plaintiffs experienced a power outage during a major ice storm, which caused the sump pump to stop working and allowed water to enter the basement.

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