Vallecitos Water District v. Wal-Con Construction Company, Estate of John Artukovich
Published: Mar. 29, 2001 | Result Date: Jan. 17, 2001 | Filing Date: Jan. 1, 1900 |Case number: BC188337 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Eugene C. DeCarlo
(technical)
Dorsey Jasper
(technical)
Defendant
Risque Benedict
(technical)
Ronald Devine
(technical)
James L. Sadler
(technical)
Facts
The defendants, a joint venture, entered into a contract with the plaintiff to construct an 8-mile sewer pipeline in
north San Diego County. The plaintiff hired an engineering firm to design the project and specify the type of
materials to be used. The defendants completed construction in 1985. Ten years later, in September 1995, the
sewer pipeline ruptured. Over the next three years, it ruptured five additional times. The plaintiff repaired the
ruptures, and eventually replaced a large section of the sewer pipeline. The parties stipulated at trial that the
pipe materials used on the project were not defective.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $899,000. The defendant made a C.C.P. Section 998 offer of $400,000.
Damages
The plaintiff sought damages in the sum of $2.2 million at trial, based on repair and replacement costs, damage to adjacent property owners, attorney fees and costs.
Other Information
<P>The plaintiffÆs motion for new trial was denied.</P> The defendants were awarded attorney fees and costs in the sum of $500,000.
Deliberation
1.5 days
Poll
10-2 (first cause of action for express contractual indemnity), 12-0 (second cause of action for negligence)
Length
eight days
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