James Dunne v. Alice Broude
Published: Nov. 20, 1999 | Result Date: Aug. 31, 1999 | Filing Date: Jan. 1, 1900 |Case number: BC195377 – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Greg W. Garrotto
(Law Offices of Greg W. Garrotto)
Defendant
Sean D. Beatty
(Beatty & Myers LLP)
Experts
Plaintiff
Ray F. Fields
(technical)
Sassan A. Salehipour
(technical)
Defendant
Avram Ninyo
(technical)
Raymond E. Steinberg
(technical)
Gus A. Rawi
(technical)
Facts
Plaintiff James Dunne ownes a hillside home in Echo Park area of Los Angeles. In 1962, his next door neighbor (down slope), defendant Alice Broude, built a block wall between the two properties. During construction of the wall, soil was excavated at the bottom of the slope, eight feet from plaintiff's house. The sewer line from plaintiff's home, which ran under defendant's property, was also excavated and encased within the concrete foundation of the wall. In 1995, the plaintiff's sewer line ruptured at the point where it went through the defendant's wall. The sewer line was excavated and repaired, which led to the discovery of a crack which ran the length of the foundation/slab on the side of the home immediately adjacent to the slope where the wall had been constructed. The plaintiff then hired engineers who determined that the damage to the plaintiff's home was a result of defendant cutting out the "toe" of the slope during construction of the wall, which led to a loss of lateral support to the plaintiff's residence.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 of $100,000, reduced to $80,000 before trial. The defendant made a C.C.P. Section 998 offer of $15,000, raised to $25,000 before trial.
Damages
The plaintiff claimed that he was owed approximately $100,225 for damages to his home and the sewer line. He also claimed damages for emotional distress and loss of use totaling approximately $20,000.
Injuries
The plaintiff sought emotional distress damages.
Other Information
The defendant has obtained a judgment against plaintiff for $38,490 for costs and expert fees. Plaintiff's motion for new trial was denied on Nov. 4, 1999.
Deliberation
45 minutes
Poll
12-0 (negligence), 12-0 (nuisance)
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