Busby Family, LLC v. Zervos CA4/3
Following heavy rainfall, water seeped through the ceiling of a building under lease for use as a restaurant and caused significant damage to the kitchen area. The culprit was the condition of the 37 year old roof, which had a useful life, at most, of 25 years, and a questionable maintenance record. When the rains came, a plastic membrane was being installed over the roof structure, but work had stalled because the landlords and the tenant could not reach an agreement about which was responsible for disassembling and removing various items of equipment and debris from the roof to permit the roofing work to be completed. And life being what it is the rainwater leaked into the building through the very section of the roof over which the membrane had not been installed.
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