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Real Property
Dangerous Condition of Public Property
Negligent Maintenance and Inspection

Tamsyn Waterhouse v. City and County of San Francisco, and Does 1-10

Published: Feb. 25, 2022 | Result Date: Dec. 17, 2021 | Filing Date: Mar. 6, 2020 |

Case number: CGC-20-583543 Settlement –  $45,000

Judge

Samuel K. Feng

Court

San Francisco County Superior Court


Attorneys

Plaintiff

David M. Helbraun
(Helbraun Law Firm)


Defendant

Meredith Osborn
(LLP 's White Collar Defense & Investigations group)

Hunter W. Sims III
(Office of the San Francisco City Attorney)


Facts

On several different days in March 2019, a house in San Francisco owned by Tamsyn Waterhouse experienced serious flooding and water damage in the lower level of the house. Waterhouse filed a suit seeking damages against the City and County of San Francisco.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the house in San Francisco flooded; that the flooding was a result of negligently installed and maintained sewer and water pipelines or drains and drainpipes; that these lines and pipes were installed and maintained by defendant; that these pipes were dangerous conditions known to defendant; that plaintiff suffered serious damages as a result of the flooding; and that defendant's negligence was the proximate cause of these damages. Plaintiff specifically alleged that damages to the house totaled roughly $18,000; that plaintiff suffered lost rental income of roughly $4,300; and that costs to remediate were approximately $35,000.

DEFENDANT'S CONTENTIONS: Defendant denied any wrongdoing and all of plaintiff's material allegations. Defendant further contended that it was protected by governmental immunity.

Result

An agreement was reached wherein the City of San Francisco will pay $45,000 to settle Waterhouse's claims.


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