Wolfeboro has posted their motion for judgement as a matter of law. As explained previously, Wolfeboro is asking the court to rule that WP has not met the standard for comparative fault defense and mitigation defense.
Nobody disputed that the town pumped 800,000+ gallons per day in April, nobody disputes that the slope failure occurred after two weeks of doing that, and nobody disputes that the model predicts the breakout that caused the slope failure at 800,000 gpd. What the town is saying is that WP’s experts did not explicitly say that the 800,000 loading caused the damage in their report a year ago, and procedurally they cannot supplement their testimony.
We should find out tomorrow if the court will entertain this.