DeSitter v. Bayley
Published: Aug. 21, 1999 | Result Date: May 27, 1999 | Filing Date: Jan. 1, 1900 |Case number: 225670 Verdict – $0
Judge
Court
Santa Barbara Superior
Attorneys
Plaintiff
Michael P. Ring
(Ring & Associates)
Defendant
R. Chris Kroes
(McCarthy & Kroes)
Experts
Plaintiff
Thierry Fraye
(technical)
Adam Simmons
(technical)
Sharon Eve
(technical)
Keith J. Anderson
(Ceiba Legal LLP)
(technical)
Randy Solakian
(technical)
Paul H. Winter
(technical)
Charles Randle
(technical)
Defendant
Ray Coudray
(technical)
Ronald Koegler
(medical)
Bob Pride
(technical)
Mike Arnold
(technical)
Jim Fisher
(technical)
Facts
The plaintiff alleged that the defendants negligently maintained their drainage system, resulting in slope failure on her property in February 1998. The defendant denied the plaintiff's contentions, and contended that their maintenance of the drainage system on their property was proper; the cause of this slope failure was the massive rains following the El Nino storms. The plaintiff brought this action against the defendant based on negligence, trespass, nuisance and emotional distress.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $450,000 which was reduced to $250,000 in April 1999. The defendants made a C.C.P. º998 offer of compromise for $8,000.
Specials in Evidence
$3,000 (psychological expenses)
Damages
The plaintiff alleged that she suffered property damage and psychological distress culminating in post traumatic stress disorder as a result of the incident. She also alleged that she suffered approximately $105,000 in property damage; $200,000 in diminution of value to her land; $8,000 in out-of-pocket property damages; $56,000 in pain and suffering.
Other Information
The verdict was reached approximately ____ years and ____ months after the case was filed. A settlement conference/arbitration/mediation was held on ___/___/19__ before ____________ (name) of _____________ (affiliation) resulting in ____________________. PLEASE DESCRIBE ANY SIGNIFICANT LEGAL/PROCEDURAL ISSUES WHICH EXPLAIN THE OUTCOME.____________________________________________________________.
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