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Real Property
Negligence
Nuisance

Catherine Brown v. Leonard Okun; Soil Engineering Construction, Inc.

Published: Oct. 24, 1998 | Result Date: Aug. 3, 1998 | Filing Date: Jan. 1, 1900 |

Case number: 709775 Verdict –  $0

Judge

Philip D. Sharp

Court

San Diego Superior


Attorneys

Plaintiff

Todd F. Stevens
(Keeney, Waite & Stevens APC)

Andrew E. Berman


Defendant

Donald R. McKillop Sr.,

Arthur S. Moreau III
(Klinedinst PC)

Paul R. Fine
(Daniels Fine Israel Schonbuch & Lebovits LLP)

Timothy J. Hughes


Experts

Plaintiff

Gregory W. Axten
(technical)

Larry J. Gliko
(technical)

Tod Martin
(technical)

Steve Lefkowitz
(technical)

Defendant

Paul Bogseth
(technical)

Robert W. Rettig
(technical)

Awtar Singh
(technical)

Mark D. Hetherington
(technical)

Lee C. Johnson
(technical)

Facts

On June 2, 1996, a landslide occurred at the coastal bluffs in Encinitas on which plaintiff Catherine Brown's and defendant Dr. Leonard Okun's properties are located. As a result of the landslide, four property owners, including plaintiff and defendant Okun lost portions of their bluff-top properties. The plaintiff alleged that the landslide was legally caused by defendant Okun's failure to adequately maintain his property and by defendant Soil Engineering Construction Inc.'s (SEC) negligent construction of bluff retention devices at the Okun property. The plaintiff brought this action against the defendants based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $400,000. The defendant made no formal offer.

Injuries

The plaintiff claimed $800,000 in damages.

Other Information

The verdict was reached approximately one year and three months after the case was filed. The plaintiff will file an appeal.

Deliberation

4½ hours

Poll

10-2

Length

13 days


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