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Real Property
Construction Defect
Premises Liability, Property Damage

Judith Ireland v. San Francisco Municipal Railway

Published: Oct. 25, 2008 | Result Date: Jun. 17, 2008 | Filing Date: Jan. 1, 1900 |

Case number: CGC07459361 Settlement –  $250,000

Court

San Francisco Superior


Attorneys

Plaintiff

Robert J. Sheppard


Defendant

John P. Aubrey

Dennis J. Herrera
(San Francisco Public Utilities Commission)

Joanne M. Hoeper


Facts

On Dec. 20, 2005, plaintiff Laura Cox discovered a cracked water drainage pipe belonging to defendants San Francisco Municipal Railway (SFMR) and the city and county of San Francisco (SF). The broken pipe and a crack in the connection between two pipes on defendants' property was discovered due to flooding caused by rain water run-off into plaintiff's house. The flooding damaged the property owned by plaintiff Judith Ireland, which included Cox' residence. At various times in 2006, the plaintiffs' property was flooded and a toxic mold developed; the mold required replacement of carpet and drywall. It also caused residual damage to walls and ceilings.

Contentions

PLAINTIFFS' CONTENTIONS:
Cox and Ireland contended that the negligent disrepair of the pipes caused the flooding on their property.

Injuries

Reduced value to homeowner's real estate. Also, Cox claimed she suffered skin reactions from exposure to mold. Ireland claimed that she suffered respiratory problems.

Result

Cox and Ireland accepted a settlement of $250,000.

Other Information

FILING DATE: Jan. 8, 2007.


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