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Construction
Negligence

Las Virgenes Municipal Water District v. Currey-Riach Company, etc.

Published: Mar. 18, 1995 | Result Date: Feb. 16, 1995 | Filing Date: Jan. 1, 1900 |

Case number: NWC55391 –  $4,835,800

Judge

Richard A. Adler

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Denise A. Brogna

Steven P. O'Neill

Wayne K. Lemieux


Defendant

Todd Phillippi


Experts

Plaintiff

Glenn A. Brown Jr.
(technical)

Facts

In 1961, Plaintiff Las Virgenes Municipal Water District installed a 30 foot water pipeline on a hillside in Calabasas. Defendant Currey-Riach Company purchased 520 acres for development in the area of the pipeline. As a condition of County approval, Defendant had to install a road in the area of the pipeline which required relocation of the pipe. Defendant approached Plaintiff and discussed relocating the pipeline and installing the required road. In 1985, Defendant formed a joint venture with another developer to do work which included relocation of the pipeline. The pipeline was eventually relocated to the top of a "cut-slope" which was graded to install the road at the base of the slope. The grading of the hillside exposed unsupported joints and fractures in the hillside and triggered a landslide. From 1989 through 1993, Plaintiff experienced 7 different ruptures in the relocated pipeline which were caused by the landslide activity. Plaintiff was forced to construct bypass lines at the base of the hillside to insure water delivery to its customers. Defendant's joint venture partner, the soils engineer, the civil engineers, and the grading contractor who performed work on the hillside settled out early for $1,125,000; Plaintiff proceeded to trial against Defendant Currey-Riach Company.

Settlement Discussions

Plaintiff contends that they demanded $1,400,000 from all 7 original Defendants (including $275,000 from Defendant Currey-Riach Company) and that Defendant Currey-Riach did not offer more than $200,000 (Plaintiff settled with the remaining Defendants for $1,125,000).

Damages

The nature and extent of the damages were not disclosed.

Deliberation

2.5 days

Poll

12-0

Length

14 days


#86579

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