The Defendant asserts as a defense to the claim of the Plaintiff that the injury, if any, suffered by the Plaintiff was proximately caused by an act of God in the form of unprecedented or extraordinary precipitation. If you find there was unprecedented or extraordinary precipitation and the act of God was the sole proximate cause of the injury, if any, suffered by the Plaintiff, the Defendant is not at fault for that injury.

Precipitation that occurs seasonably and which is not of unprecedented magnitude should be regarded as ordinary and not an act of God. A helpful test of the character of precipitation as ordinary, rather than extraordinary, is whether its occurrence and magnitude might reasonably have been anticipated, in light of the known precipitation experience in the area.

Whether the precipitation involved in this case was an act of God is a question of fact you must decide in determining the issue of fault.