This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Torts
Fraud
Nuisance

John Serpa Sr., HSB Inc. v. International Paper Co.

Published: Feb. 19, 2003 | Result Date: Dec. 12, 2002 | Filing Date: Jan. 1, 1900 |

Case number: C9620941JW Verdict –  $0

Judge

James Ware

Court

USDC Northern


Attorneys

Plaintiff

Greg S. Garrison


Defendant

Warren E. George

Natasha Sen


Experts

Plaintiff

Keith McVicker
(technical)

Stephen Henshaw
(technical)

Stanley F. Davis Jr.
(technical)

Tom Livingston
(technical)

Defendant

Scott Carey
(technical)

James Bruya
(technical)

Lester Feldman
(technical)

Facts

The plaintiff acquired the Muirson Label Printing Plant and 3.7 acres of land from International Paper in 1975 for $450,000 for use as an auto body repair shop. He claimed that no one had told him about any of the six underground storage tanks on the property; that he did not discover any of the tanks until after 1995; that one of the tanks contained pure toluene; that he had spent $600,000 for cleanup and faced $1.6 million in future cleanup costs. He also claimed $3.75 million in lost rent and sought punitive damages.

Settlement Discussions

The plaintiff submitted a demand of $3.5 million. There was no offer from the defense.

Deliberation

two hours

Length

seven days


#122132

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390