Minoru Tsujimoto, Margaret Tsujimoto, William Nicolson v. City of Oakland
Published: May 18, 2004 | Result Date: Jan. 9, 2004 | Filing Date: Jan. 1, 1900 |Case number: 2002038902 Verdict – $0
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Peter Mundy
(technical)
Ronald Kaminski
(technical)
Alan Kropp
(technical)
Defendant
R. William Rudolph
(technical)
Margaretta J. Darnall
(technical)
Robert B. Ryder
(technical)
Facts
During February 1998, a landslide damaged the adjacent properties of the plaintiffs in Oakland. The plaintiffs claimed that a leak in the city sewer line caused the landslide that was responsible for the damage to their properties. The plaintiffs sued the city of Oakland and alleged inverse condemnation, nuisance and premises liability for the dangerous condition of public property. The defendant city of Oakland argued that the leak in the sewer line was not a significant cause of the landslide which had occurred as a result from the El Nino storms. The defendant also stated that the plaintiffs' properties were built on an over steepened slope and weak geological materials.
Settlement Discussions
The plaintiffs demanded $750,000; the defendant offered $25,000.
Damages
The plaintiffs claimed combined diminution of the value of their properties to be $791,000.
Result
Prior to trial, the court dismissed the inverse condemnation claim, having found that a leak in the sewer line was not a substantial cause of the landslides on the plaintiffs' properties. The jury found in favor of the city of Oakland as to nuisance and dangerous condition of public property.
Deliberation
2.5 hours
Poll
12-0
Length
10 days
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