Richard A. Hall and Dee L. Paull v. City of Burbank, et al.
Published: Mar. 15, 1997 | Result Date: Jan. 16, 1997 | Filing Date: Jan. 1, 1900 |Case number: EC005369 – $0
Judge
Court
L.A. Superior Burbank
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Martin M. Balaban Ph.D.
(technical)
Defendant
Ralph Costanzo
(technical)
Facts
On Aug. 29, 1990, plaintiffs Richard Hall and his wife Dee L. Paull, both attorneys, suffered property damage due to a massive overflow of sewer and water in their home. The house was flooded with raw sewage and water. The plaintiff husband and wife brought this action against the defendant city of Burbank based on negligence, fraud, and dangerous condition of public property theories of recovery.
Settlement Discussions
The plaintiffs made a settlement demand for $45,000, reduced to $30,000 at trial. The defendant made a C.C.P. º998 offer of a waiver of costs if dismissed.
Damages
The plaintiffs alleged that all the hardwood floors in the house were damaged, as well as most of the furniture.
Other Information
The verdict was reached approximately five years and five months after the case was filed. An arbitration was held on July 26, 1993 before Fred H. Klonsky of Klonsky & Margulies resulting in an award of $42,815.51. The defendant filed a trial de novo. EXPERT TESTIMONY: The plaintiffs' expert performed a mathematical calculation of the total capacity of all the private sewer lines on the plaintiffs' property and concluded that it was impossible for the amount of water and sewage that invaded the home to have come from the private sewer lines alone. The plaintiffs' expert also testified that the amout of water alone indicated that it must have come from the larger city sewer line. POST TRIAL MOTIONS: The plaintiffs plan to file a motion for new trial and/or to appeal the decision.
Length
4 days
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