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Torts
Dangerous Condition of Public Property
Inverse Condemnation

State Farm General Insurance Company v. City and County of San Francisco, and Does 1 through 14

Published: Sep. 17, 2016 | Result Date: Aug. 2, 2016 | Filing Date: Jan. 1, 1900 |

Case number: CGC-14-537478 Settlement –  $90,000

Court

San Francisco Superior


Attorneys

Plaintiff

Garry Hubert
(Hubert & Yasutake)


Defendant

David W. Ammons
(LTL Attorneys)


Facts

On Feb. 27, 2013, a water main pipe near 15th and Wawona St. in San Francisco burst causing flooding into a home owned by Mary Ellen Kelson and resulting in damage to her home. Kelson's property was insured by plaintiff.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant was responsible for maintaining the pipe, and that approximately 60-year-old water main was public property in a dangerous condition. Plaintiff claimed it was entitled to subrogation damages for the damage caused by the flooding.

Plaintiff asserted causes of action for subrogation of damages, asserting causes of action for dangerous condition of public property, inverse condemnation, negligence, trespass, and nuisance.

DEFENDANT'S CONTENTIONS:
Defendant denied plaintiff's allegations and asserted various affirmative defenses.

Result

The parties settled for $90,000.


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