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Real Property
Trespass
Negligence

Dennis Hamilton v. Daniel Melville

Published: Apr. 27, 2004 | Result Date: Mar. 9, 2004 | Filing Date: Jan. 1, 1900 |

Case number: 1097657 Verdict –  $385

Judge

James W. Brown

Court

Santa Barbara Superior


Attorneys

Plaintiff

Kathleen O. Mahan


Defendant

Jeffrey L. Ebright


Experts

Plaintiff

Paul Cook
(technical)

Defendant

Thomas Tomeo
(technical)

Avram Ninyo
(technical)

Facts

The subject suit involved a dispute between neighbors. The plaintiff alleged that the defendant caused water to flow onto the plaintiff's property from cross-lot drainage, causing soil erosion and damage to the plaintiffs' trees and plants. The defendant's property is 4 feet higher in elevation than the plaintiff's property. The plaintiff also alleged that the defendant trespassed and verbally assaulted him. The plaintiff alleged causes of action for negligence, trespass, nuisance and intentional infliction of emotional distress.

Settlement Discussions

The plaintiff demanded, pre-trial for $60,000; the defendant offered C.C.P. Section 998 pre-trial for $25,000.

Damages

Past repair costs: $13,471: Future repair costs: $6,000: Past property damage: $11,250. At trial, the plaintiff's attorney asked the jury to award $34,000 economic damages and $90,000 non-economic damages.

Result

Defense for trespass, nuisance and intentional infliction of emotional distress; $700 gross for negligence, reduced to $385 net, for plaintiff's 45 percent comparative fault.

Deliberation

one day

Poll

none

Length

seven days


#87496

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