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Real Property
Negligent Construction
Property Damage

Click v. Rand

Published: Nov. 8, 2001 | Result Date: Oct. 11, 2001 | Filing Date: Jan. 1, 1900 |

Case number: 01035165 Verdict –  $220,000

Judge

J. William McLafferty

Court

Santa Barbara Superior


Attorneys

Plaintiff

David K. Hughes


Defendant

Terrence J. Bonham


Experts

Plaintiff

Frank Weirich
(technical)

Thomas A. Evans
(Alston & Bird LLP ) (technical)

Defendant

Glenn C. Hawks
(technical)

Ronald F. Carducci
(technical)

Facts

The defendant was engaged in grading and vegetation removal activities on his uphill property. This work was
undertaken on a continuing basis from 1996. The plaintiff contended that the defendantÆs grading and
vegetation removal activities changed the natural flow of surface waters on his property which resulted in
damage to the plaintiffÆs access road.
The defendant contended that the road was damaged due to poor construction and lack
of general maintenance and not through any activities of the defendant.

Settlement Discussions

The plaintiff made a demand of $350,000. The defendant submitted a C.C.P. Section 998 offer of $50,000.

Other Information

PLEASE PROVIDE THE VERDICT DATE __________

Deliberation

two days

Poll

12-0 (liability), 9-3 (damages)

Length

five days


#110100

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