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Real Property
Inverse Condemnation
Flooding

Hayes Park Laundry and LaSalle Properties v. City and County of San Francisco, et al.

Published: Jun. 10, 1995 | Result Date: May 18, 1995 | Filing Date: Jan. 1, 1900 |

Case number: 956860 –  $377,992

Judge

Donald S. Mitchell

Court

San Francisco Superior


Attorneys

Plaintiff

Tom Williamson

James C. Johnson II


Defendant

Donald R. Tickle

Mark L. Mosley
(Mackenzie & Albritton LLP)


Experts

Plaintiff

Jay Ciambrone
(technical)

John M. Hamilton
(Hamilton Law Offices) (technical)

Douglas Gramm
(technical)

Defendant

Chris Carneghi
(technical)

Charles Stark
(technical)

Facts

On January 4, 1992, Defendant's water main failed and flooded a commercial laundry business. Plaintiffs Hayes Park Laundry (tenant) and LaSalle Properties (landlord) sued Defendant City and County of San Francisco.

Settlement Discussions

Defendant contends they made no offers and Plaintiffs demanded $1,500,000 which would include recoverable attorney and expert fees as well as pre-judgment interest.

Damages

The damages claimed included loss of business, damage to machinery and equipment, damage to and diminution in value to real property. Plaintiff asked the jury to award over $1,250,000 in compensatory damages.

Result

The jury awarded Hayes Park Laundry $320,681, but deducted $279,142 for insurance payments received by Plaintiff. Defendant city previously reimbursed the insurance companies. The jury further awarded LaSalle Properties $57,311, but deducted $57,311 for insurance payments received by Plaintiff.

Deliberation

24 hours

Poll

10-2 on special verdict

Length

21 days


#116668

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