Wynkoop, Walton v. Rouse, et al.
Published: May 13, 2000 | Result Date: Nov. 16, 1999 | Filing Date: Jan. 1, 1900 |Case number: 781769 Verdict – $947,000
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Theodore V. Hromadka II
(technical)
David Hoffman
(David Hoffman APC)
(technical)
Leslie Reed
(technical)
Joel Morrison
(technical)
Paul G. MacMillin
(technical)
Jaime A. Cerros
(technical)
Defendant
Lawrence R. Wlezien
(technical)
Rodney T. Masuda
(technical)
Douglas E. Moran
(technical)
Awtar Singh
(technical)
Russell Harter
(technical)
Facts
Defendants Rouse and the settled defendant had diverted water in a streambed in the Morning Canyon
area of the Cameo Highlands to allow for their landscape projects. This diversion of the water and narrowing of
the waterway caused substantial and home-threatening erosion to plaintiffsÆ property.
Settlement Discussions
The plaintiffs made a demand of $400,000 before trial. The defendants offered a total package of $75,000 in response. After the first week of trial, plaintiffs settled with the settled defendant for $110,000. During trial, the plaintiffs made a policy limit demand upon defendant RouseÆs homeowners insurance for the sum of $300,000. The insurance offered $25,000 in response. Judgment was then taken against defendant Rouse in the sum of $947,500, to be paid by the homeowners carrier, with no set off for the $110,000.
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