Facts

In 2007-2008, the City of Los Angeles Bureau of Engineering conducted a bridge widening project on Moorpark Avenue in Studio City, using its contractor, MCM Construction, Inc. MCM used vibratory hammers and pile drivers to install foundation piles and shoring material, creating vibrations which were felt by neighborhood residents.

Plaintiffs, who were neighboring residents, filed property damage claims with the city and later sued for inverse condemnation and negligence.

The cases were consolidated for all purposes.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that the city and MCM damaged their homes in various ways by negligently causing the vibrations. Plaintiffs further contended that the defendants failed to take reasonable measures to avoid damaging residents' homes, including performing a survey for vulnerable structures, installing vibration monitoring equipment, and using vibration mitigation measures. The vibrations caused by the construction project created a prolonged earthquake-like effect on plaintiffs' residences, leading to foundation, hardscape, and cosmetic damage in various degrees, as well as loss of use and emotional distress.

DEFENDANTS' CONTENTIONS:
Defendants contended that plaintiffs' damage claims could not have resulted from the construction project.

Settlement Discussions

Despite efforts at an Early Neutral Evaluation and Mandatory Settlement Conference, no settlements were reached until Aug. 2010, after the Court severed the cases for trial purposes and ordered the Gregory, Gellis and Hartford cases to be tried first. Shortly after jury selection, a mandatory settlement conference was held and these cases settled. In late 2010, the Wess plaintiffs named a new Doe defendant, the project's original design firm. In Jan. 2011, the Wess, Nationwide, and Vartepetova cases settled at a mandatory settlement conference conducted by Judge Helen I. Bendix. All settlements were funded by MCM's insurance carrier, together with funds from the design firm. Settlements with defendants totaled approximately $650,000.

Result

In addition to the payments from defendants, the Gellis and Wess plaintiffs obtained insurance payouts from their respective carriers, Hartford and Nationwide. The Gellis plaintiffs' combined recovery from defendants and Hartford totaled $450,000, including Hartford's agreement to repair the Gellis' home, pay for relocation, and pay Gellis' litigation costs. Nationwide similarly funded the Wess' litigation costs and made an additional insurance payout to the Wess plaintiffs, who also received settlement proceeds from defendants.

Other Information

Judges Richard Fruin, Helen I. Bendix, and Owen Kwong conducted mandatory settlement conferences during the case. John A. Girardi conducted an Early Neutral Evaluation. FILING DATE: April 21, 2009.