Gloria Pennock v. Ventura County Flood Control District
Published: Oct. 19, 2000 | Result Date: Jul. 29, 2000 |Case number: CIV190275 Verdict – $300,000
Facts
Plaintiff Gloria Pennock owned a home valued at approximately $185,000. Her home was less than one-quarter mile from a debris basin constructed in the Fagan Barranca, a natural watercourse, by the Ventura County Flood Control District in 1994. The debris basin reduced the amount of natural migrating bedload in Barranca which was immediately adjacent to plaintiff's backyard. The lack of replenishing bedload caused the channel to deepen, which the plaintiff claimed, caused the property to lose its lateral support, thereby causing settling to the rear of plaintiff's property and a four-inch slope to her building pad. The 1995 rains caused damage to the property between the plaintiff's residence and the debris basin. The defendant stabilized the slopes on their own property and that of plaintiff's immediate neighbor, but stopped the repairs at plaintiff's property line. During the February 1998 rains, the channel deepened further and the plaintiff lost the lateral support that had been previously present. The plaintiff brought causes of action against the defendant for inverse condemnation, dangerous condition of public property and nuisance.
Result
The trial judge ruled in favor of defendant Ventura County Flood Control District on plaintiff's cause of action for inverse condemnation. The jury ruled in favor of the plaintiff on her causes of action for negligence and awarded $100,000 for cost of repairs to her property and diminuition of fair market value and $200,000 for emotional distress.
Other Information
<P>The defendant's motion for judgment notwithstanding the verdict and new trial was denied.</P>
Deliberation
1.5 days
Poll
12-0
Length
10 days
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