Michael S. Pecherer v. Charles Segalas; Christine Segalas
Published: Apr. 11, 1998 | Result Date: Feb. 10, 1998 | Filing Date: Jan. 1, 1900 |Case number: C9601079 Verdict – $5,500
Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
Richard T. Bowles
(Bowles & Verna LLP)
Defendant
Experts
Plaintiff
Doug Flitt
(technical)
Alan Kropp
(technical)
Defendant
Ned Clyde
(technical)
Facts
On March 12, 1995, the plaintiff, Michael S. Pecherer, claimed that the defendants' storm drain system, uphill from his property, caused increases in quantity and rate of flow of storm drain water onto his property, damaging his retaining walls, soil, flooding his property, and causing actual and punitive damages. The plaintiff brought this action against the defendants based on negligence, water rights, nuisance and trespass theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $70,000. The defendant offered $40,000.
Damages
The plaintiff asked the jury for $135,000, plus general damages.
Other Information
The verdict was reached approximately one year and 10 months after the case was filed. The court conducted a Bench Bar settlement the day before trial, with no settlement. The plaintiff reported that the court refused to treat the case under water flow authorities and, instead, treated the claim as involving negligence. Per defendant, plaintiff failed to designate an expert on diminution in value, and was nonsuited on theories of trespass and punitive damages.
Deliberation
four hours
Poll
12-0
Length
five days
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