Andrew and Beverly Hoffman v. County of Los Angeles, Southern Pacific, et al.
Published: Apr. 11, 1998 | Result Date: Mar. 2, 1998 | Filing Date: Jan. 1, 1900 |Case number: BC137600 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Thomas M. Robins III
(Frandzel Robins Bloom & Csato LC)
Defendant
Experts
Plaintiff
Rudolph Ohlemutz
(technical)
William Curtis
(technical)
Roger Zimmerman
(technical)
Jeffrey Powell
(technical)
Defendant
Iraj Nassiri
(technical)
William B. Grinnell
(technical)
Mike Soliman
(technical)
Facts
On Jan. 10, 1995, plaintiffs Andrew and Beverly Hoffman's residence and adjoining property became flooded after heavy rainfall, allegedly as a result of improper design, construction and maintenance of defendant Los Angeles County's storm drain facility located adjacent to their property. The plaintiffs also sued Southern Pacific Transportation Company who owned adjacent railroad tracks, the property on which the drain was built, and the property leading into the drainage facility. Southern Pacific provided the county an easement to build the storm drain. Los Angeles County denied liability and contended that it properly designed, constructed and maintained the facility; and that the storm drain system was overwhelmed by a 50-100 year storm event. Southern Pacific denied it had any responsibility for the plaintiffs' damages, and claimed that the plaintiffs were contributorily negligent and failed to mitigate their damages.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $350,000. Defendant Southern Pacific made a C.C.P. º998 offer of compromise for $75,000. Defendant County offered $25,000.
Damages
The plaintiffs claimed total loss of property at $250,000 and unspecified emotional distress damages at trial. The plaintiffs also sought recovery of attorney fees under an inverse condemnation cause of action.
Other Information
Plaintiff Andrew Hoffman died approximately two months prior to trial. The verdict was reached approximately two years and six months after the case was filed. The court found a taking by defendant Los Angeles County. The amount of just compensation will be the subject of post-judgment motions by the plaintiff. SETTLEMENT CONFERENCE: A settlement conference was held on Jan. 22, 1998, before Commr. Emilie H. Elias, resulting in no settlement.
Deliberation
three hours
Poll
10-2
Length
eight days
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