Sheeler v. Hibberd
Published: Aug. 21, 1999 | Result Date: Nov. 16, 1999 | Filing Date: Jan. 1, 1900 |Case number: CIV160766 Verdict – $624,652
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Scott Hogrefe
(technical)
Sam Bennett
(technical)
Steven Jeffre
(technical)
Charles Hilsman
(technical)
Larry Rasmussen
(technical)
Dan Holmes
(technical)
Jack Eagen
(technical)
Glenn C. Hawks
(technical)
Ralph E. Phillips
(technical)
Defendant
William Ghormley
(technical)
Douglas Papay
(technical)
Roger Graff
(technical)
Facts
On Dec. 4, 1995, plaintiff Melvin Sheeler filed a complaint for damages and an injunction against Bruce L. Hibberd and Virginia Hibberd, and the Ventura River County Water District (VRCWD), as a result of injury to plaintiff's property caused by a landslide on Hibberds' adjoining uphill property. Signs of earth movement appeared in late December 1994 or early January 1995. On Jan. 30, 1995, an underground water main owned by VRCWD burst, saturating the Hibberds' property and accelerating the landslide. The landside encroached onto plaintiff's property and, among other things, blocked a natural creek on plaintiff's property which, in turn, caused the creek to overflow on March 11, 1995, and cause further damage to plaintiff's property. The plaintiff sued the Hibberds and VRCWD for negligence and nuisance and separately sued VRCWD for dangerous condition of public property and inverse condemnation. The Hibberds and VRCWD both cross-complained against plaintiff for indemnity, declaratory relief and negligence. Both cross-complainst against plaintiff were dismissed prior to trial. The Hibberds also cross-complained against VRCWD for indemnity, declaratory relief, negligence, premises liability and inverse condemnation. VRCWD, in turn, cross-complained against the Hibberds for indemnity, declaratory relief, negligence, trespass and nuisance.
Result
PLEASE PROVIDE THE CITY OF LOCALE OF EXPERTS: Glenn Hawks ____________, Larry Rasmussen _____________, Sam Bennett _________________, Paul Rogers ________________, Jack Eagen _____________ , Scott Hogrefe ________________, Charles Hilsman _______________ , Ralph Phillips _____________ , Dan Holmes _____________, Steven Jeffre _______________ , Doug Papay _____________, William Ghormley ______________, Roger Graff _______________
Other Information
On Dec. 21, 1995, this court issued a preliminary injunction against the Hibberds requiring that they restore the creek on plaintiff's property which was filled as a result of the landslide. The plaintiff settled his claim against Hibberds for $290,000 prior to trial. The settlment was approved by the court as a good faith settlement. A jury trial commenced on Oct. 14, 1998. The parties and their counsel stipulated during trial that plaintiff and Hibberds' inverse condemnation claim against VRCWD would be heard and determined by the court, based on the evidence presented during the trial, and that in rendering its decision as to just compensation the court would consider and utilize the findings of the jury on damages, as set forth in the Special Verdict. On Nov. 16, 1998, a 12-member jury awarded plaintiff and the Hibberds damages against VRCWD in the form of a Special Verdict. The jury rejected VRCWD's cross-claim against the Hibberds. The jury found that VRCWD was 90 percent responsible for the landslide and that the Hibberds were 10 responsible. On Nov. 24, 1998, the court issued its notice of intended decision finding in favor of plaintiff and the Hibberds on their inverse condemnation claim against VRCWD. On April 13, 1999, the court signed and filed its order awarding attorney fees of $110,000 to plaintiff and $140,000 to the Hibberds on their inverse condemnation claims. VRCWD's motion for new trial was denied on March 30, 1999, VRCWD filed its notice of appeal on April 1, 1999.
Deliberation
two days
Poll
11-1
Length
19 days
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