Reed v. Selby Corporation
Published: May 10, 1997 | Result Date: Apr. 18, 1997 | Filing Date: Jan. 1, 1900 |Case number: CIV156683 – $44,144
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Dennis LaRochelle
(Arnold LaRochelle Mathews VanConas & Zirbel LLP)
Defendant
Experts
Plaintiff
Charles Hilsman
(technical)
Lindsay F. Nielson
(technical)
Charles Swift
(technical)
Defendant
James Boles
(technical)
Mike Woodyard
(technical)
Glenn C. Hawks
(technical)
Facts
The plaintiffs Howard and Margaret Reed, the 81- and 82-year-old owners of industrial land, claimed that defendant Selby Corp. improperly maintained an abandoned cement quarry and that the quarry operation had radically altered the hillside and drainage pattern. The plaintiffs claimed that due to the increase of water and mud runoff their adjacent land was flooded with water and silt. The defendant refused to take remedial measures. The plaintiffs sought injuctive relief and cost of cleanup.
Settlement Discussions
Per the plaintiffs, they made a settlement demand that remedial measures to be taken and the defendant measures but failed to do so. Per the defendant, the plaintiffs made a settlement demand for $175,000 and the defendant made a settlement offer of $40,000.
Damages
The plaintiffs sought injunctive relief and clean-up expenses and the cost of building protective walls totalling $44,144, plus loss of value of property and emotional distress.
Other Information
The verdict was reached approximately one year and nine months after the case was filed. A mediation was held on Apr. 18, 1996 before Judge Robert Soavas, retired. The plaintiffs claimed the mediation resulted in the defendant promising to obtain a grading permit and commence remedial measures, but that the defendant failed to do so, requiring trial of the matter. Complex issues of law and fact, concerning hydrology and drainage history going back to the turn of the century led Judge Berenson to order the parties ot submit a written argument at the end of the case instead of the usual oral argument.
Length
11 days
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