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Real Property
Negligence
Failure to Maintain

Irving Okun; Joyce Okun v. Arthur Hurst; Donna Hurst

Published: Feb. 28, 1998 | Result Date: Oct. 6, 1997 | Filing Date: Jan. 1, 1900 |

Case number: LC020216 Verdict –  $0

Judge

Sherill D. Luke

Court

L.A. Superior Central West


Attorneys

Plaintiff

Ronald J. Lewis


Defendant

Thomas W. Shaver
(Shaver, Korff & Castronovo LLP)


Experts

Plaintiff

Thomas C. Benson Jr.
(technical)

Defendant

Gerald Kovacs
(technical)

Facts

Plaintiffs owned a home in Woodland Hills downhill from defendants' home which was built in 1960. The original builder filled in the swale on the hillside but did not compact it. In 1992, six inches of rain fell, causing a mudslide into plaintiffs' home. The plaintiffs brought this action against defendants based on a negligence theory of recovery. Trial was bifurcated on liability and damages.

Settlement Discussions

The plaintiff made a settlement demand for $150,000 at the settlement conference. Per defendant, plaintiff demanded $200,000. The defendant made no offer.

Damages

The plaintiffs claimed $150,000 in damages (evidence not presented at trial because of bifurcation).

Other Information

SETTLEMENT CONFERENCE: A settlement conference was held on April 30, 1997, resulting in no settlement. POST TRIAL MOTIONS: Plaintiff made a motion to tax costs.

Deliberation

six hours

Poll

10-2

Length

10 days


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