Facts

In 2002, plaintiffs had a sewer backup in their home, causing approximately 1500 cubic feet of raw sewage to enter their home in Woodland Hills. Plaintiffs had general contractor Beryl Lockhart install a lateral sewer line from plaintiffs' house to the city's main sewer line in 1980. Lockhart was not a licensed plumber and did not install a back water valve as required by the city municipal code and Uniform Plumbing Code.

Plaintiff James Starks had severe emphysema at the time. Three months after the raw sewage entered their home into the master bedroom and bathroom, Starks came down with pneumonia and nearly died. Plaintiffs continued to live in the home, but boarded up the effected master bedroom and bathroom. They continue to live in the house as-is.

PLAINTIFFS' CONTENTIONS:
The city was responsible for this backup into their home due to poor maintenance of the main sewer line and missing records.

DEFENDANT'S CONTENTIONS:
Defendant contended plaintiffs were at fault for not installing a back water valve, which would have prevented this incident. Also, the underlying clogged sewer line was caused by an unknown homeowner having their sewer line cleaned, pushing a tree root ball into the city's sewer line and causing the underlying clogged sewer.

Settlement Discussions

Plaintiffs demanded $1 million. Defendant offered $150,000.

Specials in Evidence

$153,000.

Damages

Property: $200,000; loss of use of home; pain and suffering; shortened life expectancy.

Result

Defense verdict.

Deliberation

two hours

Length

two weeks