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Real Property
Negligence
Nuisance

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

John F. Van de Poel

Court

Contra Costa Superior


Attorneys

Plaintiff

Michael Pecherer

Richard T. Bowles
(Bowles & Verna LLP)


Defendant

Wayne V.R. Smith


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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