Noel Montepeque, et al vs. Patricia Claire Adevai, Executrix of the Estate of Joseph Adevai

The parties own adjoining properties with a common party wall. The building belonging to Noel Montepeque and Celia M. Martinez (collectively "Party A") is one story, whereas the building of Joseph Adevai ("Party B") is two stories and overlooks Party A's roof. The party wall contains four windows on the second level of Party B's building. The bottom sills of two of these windows are below the roof line, thus creating open spaces between the party wall and Party A's roof. While Party A was in the process of having a new rubberized roof installed by a contractor, a dispute arose between the parties concerning the manner in which the new roof would be secured to the party wall. Actions allegedly taken by Mr. Adevai to remove the flashing covering the party wall windows eventually resulted in water damage to the existing roof and interior portions of Party A's building. Party A sued Mr. Adevai for compensatory damages and requested that Mr. Adevai be enjoined from committing further damage to the party wall. Mr. Adevai filed a counterclaim, alleging harassment and intimidation by Party A. Following a bench trial, the trial court dismissed the counterclaim and awarded Party A damages for negligence, totaling $28,350.00. We affirm.