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Real Property
Inverse Condemnation
Negligent Maintenance

Donna Nuss-Rick v. City of San Diego, et al.

Published: Jan. 31, 2020 | Result Date: Oct. 22, 2019 | Filing Date: Oct. 10, 2017 |

Case number: 37-2017-00038052- CU-EI-CTL Settlement –  $225,000

Judge

Gregory W. Pollack

Court

San Diego County Superior Court


Attorneys

Plaintiff

Patrick E. Catalano
(Catalano & Catalano)


Defendant

Danna M. Nicholas
(Office of the San Diego City Attorney) for City

Sarine A. Abrahamian
(Orbach, Huff, Suarez & Henderson LLP) for SDUSD


Facts

Donna Nuss-Rick owned property behind Lewis Middle School. Heavy rains in January and February 2017 led to extensive water flow from Lewis Middle School, down an embankment, and on to Nuss-Rick's home.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant failed to properly maintain a storm drain on its property and that defendant's negligent maintenance caused the extensive flooding and concomitant property damage on plaintiff's property.

DEFENDANT'S CONTENTIONS: Defendant contended that it maintained its property in a reasonable manner and did not cause plaintiff's flooding problem.

Result

The parties entered into a $225,000 settlement agreement.


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