Carl Hackney v. Theodore Cooper, Dallas Hansen, Edith Parrott
Published: Dec. 12, 2009 | Result Date: Feb. 19, 2009 | Filing Date: Jan. 1, 1900 |Case number: RG06283397 Settlement – $35,001
Court
Alameda Superior
Attorneys
Plaintiff
William E. Jemmott
(Clasen, Raffalo & Rhoads)
Defendant
Robert S. Aaron
(Aaron & Wilson LLP)
Facts
Plaintiff Carl Hackney owned property in Oakland below property owned by defendants Dallas Hansen, Theodore Cooper, and Edith Parrott. In October 2005, Hansen began home improvements that included grading operations and soil work. Slit and soil later flowed into plaintiff's pool, lawn, and foundation. The plaintiff filed suit against defendants for damages due to the soil flow onto his property.
Contentions
PLAINTIFF'S CONTENTIONS:
Hackney contended that Hansen's home improvement did not provide for the installation of sub-surface drainage, which resulted in silt and soil flow into plaintiff's property when it rained. Hackney also claimed that Parrot's horses were allowed to graze on Hansen's land, which caused further soil erosion. The pool was rendered unusable and noxious odors developed.
DEFENDANTS' CONTENTIONS:
The defense claimed that damage to plaintiff was due to heavy rains in 2006.
Result
The plaintiff settled with defendants Cooper and Hansen for $35,001.
Other Information
Defendants Hansen and Cooper filed a cross-complaint against defendant Parrott. FILING DATE: Aug. 10, 2006.
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