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Real Property
Negligence
Flooding

Adolfo and Christina Rosales v. Dorothy and Randall Axell

Published: Jul. 13, 1996 | Result Date: May 6, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 153667 –  $253,134

Judge

William L. Peck

Court

Ventura Superior


Attorneys

Plaintiff

Alan R. Templeman


Defendant

James T. Sherren


Experts

Plaintiff

William Haydon
(technical)

W. John Kulwiec
(technical)

Defendant

Beverly Landgon
(technical)

R. Denzil Lee
(technical)

Facts

In 1995, the plaintiffs, Adolfo and Christina Rosales, owned a home located downstream from and adjacent to a barranca running through defendants Dorothy and Randall Axell's property. In repairing the barranca after a flood in February, 1992, the defendant lemon grower left one of the barranca's banks higher than the other. As a result in January of 1995 and again in March of 1995, water flooded the plaintiffs' home. The plaintiffs brought this action against the defendants based on nuisance and negligence theories of recovery.

Settlement Discussions

The plaintiffs made a final settlement demand for $250,000. The defendants made a final settlement offer of $100,000.

Damages

The plaintiffs claimed $360,000 in economic damages.

Injuries

Property damage and cost of repair.

Other Information

The verdict was reached approximately one year and one month after the case was filed. A settlement conference was held on February 26, 1996, before Robert Bradley of Ventura Superior Court, resulting in a settlement demand of $250,000 and a settlement offer of $100,000.

Deliberation

2 days

Poll

10-2

Length

8 days


#92365

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