Facts

Plaintiff Robert McLaughlin resided in a Malibu Lake home with his wife Peggy for over 20 years. Plaintiffs' home was below defendants Carl and Carol Day's home. In 1999, defendants purchased additional acres of vacant land above plaintiffs' home. Defendants began converting the land into an orchard, where they planted several trees, graded the land, and constructed roads and an irrigation system.

The plaintiffs claimed that in December 2002, they started noticing water damage to their property. They eventually discovered that their retaining wall was damaged and their foundation was sinking. The plaintiffs sued for property damage.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that the water damage was caused by the changes defendants made to the land above plaintiffs' property and the irrigation system.

DEFENDANTS' CONTENTIONS:
The defendants contended that the plaintiffs' house was 50 years old and located on poorly compacted fill. Moreover, plaintiffs' water damage was a pre-existing problem.

Damages

The plaintiffs sought $75,000 to cover repair costs. Additional repairs were estimated at approximately $360,000.

Result

The jury found for plaintiffs and awarded them $469,935.

Deliberation

1.5 days

Poll

12-0 on most causes of action

Length

three weeks