Dale Reed, Sheryl Reed v. City of Glendale
Published: Apr. 19, 2005 | Result Date: Nov. 3, 2004 | Filing Date: Jan. 1, 1900 |Case number: EC037270 Verdict – $11,553
Judge
Court
L.A. Superior Burbank
Attorneys
Plaintiff
Eric Olson
(Baker Olson LeCroy & Danielian)
Defendant
Experts
Plaintiff
Dana L. Peterson
(Seyfarth Shaw LLP)
(technical)
Defendant
Simon Turner
(technical)
Bert W. Howe
(technical)
Facts
The plaintiffs, in their late sixties, had owned their house in Glendale for nearly 30 years. In the summer of 2002, the plaintiffs moved to their second home in Oceanside for a vacation. On the morning of July 29, 2002, the plaintiff Dale Reed returned briefly to the Glendale property and noticed sewage spilling out of the garage and side door of the house. As he walked through the house, he saw that portions of the house were completely flooded. The plaintiffs sued the city of Glendale for inverse condemnation and private nuisance.
Damages
The plaintiffs claimed approximately $120,000 in damages to unblock the sewer line, including expenses for repair and replacement of damaged real and personal property. They also claimed they were unable to live in the house for several months after the spill due to the odor and hazardous health conditions created by the sewage. The city claimed that the repairs were unneccesary and other repairs were high and unreasonable as the plaintiffs could have chosen to accept repair work from lower bidders and the plaintiffs spent most of their time at their second home in Oceanside.
Result
The jury awarded the plaintiffs $11,5252,
Other Information
The court determined that the city was liable in inverse condemnation. The jury awarded $11,553. The plaintiffs' motion for new trial was denied. The plaintiffs' motion for attorney fees was granted in part.
Deliberation
four hours
Poll
12-0
Length
seven days
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