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Real Property
Negligence
Trespass

Bonnie Short v. Austel

Published: May 31, 1997 | Result Date: Apr. 29, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 121386 –  $31,900

Judge

Burt Henson

Court

Ventura Superior


Attorneys

Plaintiff

Jay S. Bloom


Defendant

Ilene W. Kurtzman
(Law Offices of Ilene Kurtzman)


Experts

Plaintiff

Edward Rosen
(technical)

Kevin V. Keegan
(technical)

Defendant

John B. Doyle Jr.
(technical)

Facts

On Feb. 10, 1992, after a day of rain, the wall of the plaintiff's house in Simi Valley collapsed. Plaintiff Bonnie Short, a 61-year-old retired bookkeeper, claimed her backyard flooded on occasions after the wall collapse. Defendant Austel owned an adjacent house. The plaintiff brought this action against the defendant based on negligence, nuisance and trespass theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $40,000. The defendant settlement offer of $7,500.

Damages

The plaintiff claimed $16,900 in damages for the replacement of her wall plus damages for loss of use and emotional distress.

Other Information

The verdict was reached approximately five years after the case was filed.

Deliberation

1 day

Poll

12-0

Length

5 days


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