John and Maria Figueroa v. James D. Ferrari
Published: Oct. 30, 1993 | Result Date: Oct. 15, 1993 | Filing Date: Jan. 1, 1900 |Case number: 656338 – $247,800
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Joseph J. Ybarra
(Halpern May Ybarra Gelberg LLP)
Experts
Plaintiff
Ted S. Merrill
(technical)
Don W. Blackstone
(technical)
Charles W. Christensen
(technical)
Defendant
James R. Recht
(technical)
Peter J. Pountney J.D.
(technical)
Facts
Plaintiffs John and Maria Figueroa own a single family residence in the Encanto area of Southeast San Diego. Plaintiff John Figueroa is a 42-year-old shipyard worker; Plaintiff Maria is a homemaker. Defendant James D. Ferrari is a registered civil engineer who has designed drainage improvements. In October 1992, Defendant purchased an apartment building located behind and above the Figueroa's residence. During November 1992, Defendant designed drainage "improvements". These included grading the back of the property so that it sloped down to the Figueroa's residence; constructing a concrete block retaining wall; and installing a catch basin and drain.
Settlement Discussions
Plaintiff contends that Defendant James D. Ferrari offered to waive costs if Plaintiffs dismissed their complaint with prejudice; Plaintiff rejected this offer, but made no specified demand.
Specials in Evidence
not claimed
Damages
For Plaintiffs John and Maria Figueroa, coast of repairing the flooding condition, $89,000; compensation for labor expended; and compensation for emotional distress.
Injuries
Emotional distress
Deliberation
2 days
Poll
12-0 negligence, causation, nuisance, 11-1 distress damages, 10-2 negligence
Length
4 days
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