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Real Property
Dangerous Condition of Public Property
Inverse Condemnation, Nuisance

Helen Bulwik v. City of Oakland

Published: Apr. 5, 2008 | Result Date: Jan. 30, 2008 | Filing Date: Jan. 1, 1900 |

Case number: RG06264131 Verdict –  Defense

Court

Alameda Superior


Attorneys

Plaintiff

Steven M. Morger


Defendant

Jannie L. Wong


Facts

Plaintiff Helen Bulwik's property was flooded after the city of Oakland abandoned a 15" storm drainage pipe to which Bulwik's property was connected.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that the city of Oakland was liable for inverse condemnation, nuisance, and dangerous condition of public property because the city's plugging of the pipe caused her property to flood.

DEFENDANT'S CONTENTIONS:
The defendant claimed that it was not liable to plaintiff for damages because plaintiff's damages were caused by a private pipe that was connected to the city's drainage system without its knowledge or permission.

Damages

The plaintiff claimed that her garage, driveway, exercise equipment, air conditioning unit, heating system, landscaping, and vehicles were damaged. She also claimed loss of use and requested damages of $98,000 plus attorney's fees.

Result

Defense verdict.

Deliberation

three hours

Length

four days


#125249

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