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
Court
Santa Barbara Superior
Attorneys
Plaintiff
Defendant
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
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