Macario Medrano, Lupe Medrano v. Ventura County Flood Control
Published: Sep. 23, 2000 | Result Date: Jul. 7, 2000 | Filing Date: Jan. 1, 1900 |Case number: CIV185785 Arbitration – $449,500
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Richard Beard
(technical)
William Haydon
(technical)
Gary Deutsch
(medical)
Don Krause
(technical)
Defendant
Edward Keller
(technical)
Thomas Swantko
(technical)
Facts
In February 1998, the rear portion of plaintiffsÆ home was damaged by a loss of lateral support to the rear of their
property, adjacent to the Fagan Barranca area. The plaintiffs resided on the property since 1963, with minimal
erosion behind their home.
In 1994, the defendants constructed Fagan Debris Basin, 1/4 mile upstream of plaintiffsÆ property.
During the 1995 rains, extensive erosion damage occurred upstream of plaintiffsÆ property. The defendants
repaired only a portion of the upstream damage. The plaintiffsÆ property was "red-tagged" and they were forced
to move out. In order to stabilize the plaintiffsÆ property and to prevent further damage, $56,000 in stabilization
repairs were required.
Settlement Discussions
The plaintiff demanded $175,000. The defendant offered $40,000.
Damages
Damage to plaintiffs' home including diminuition of fair market value and costs of repairs for $207,000, emotional distres as to both plaintiffs whom sought treatment from their family doctor. Lupe Medrano was awarded $150,000 for emotional distress and plaintiff Macario Medrano was awarded $100,000 for emotional distress.
Result
The plaintiffs prevailed on dangerous condition and nuisance causes of action. The court ruled in the defendants' favor on the inverse condemnation cause of action.
Deliberation
1.5 days
Poll
12-0
Length
three weeks
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