Larry Essig and Barbara Essig (husband and wife); Blake Essig and Chanel Essig (minors) v. Theodore Thompson and Debra Thompson (husband and wife)
Published: Aug. 16, 1997 | Result Date: Apr. 16, 1997 | Filing Date: Jan. 1, 1900 |Case number: 695628 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Nancy Fierro
(medical)
Laura Nathanson
(medical)
Craig Lyon
(technical)
William Sanual
(technical)
Defendant
James M. Seltzer
(medical)
Gidon R. Vardi Ph.D.
(technical)
Charles H. Avery
(technical)
Philip R. Morey
(technical)
Facts
The plaintiffs and defendants owned adjacent homes in Encinitas. In or before June 1995, on two occasions, an above ground water line on the defendants' property ruptured near the backyard property line. The plaintiffs contended that the rupture produced over 250 gallons per day, for two to three days per week for years, causing flooding onto their property and into the residence foundation and the walls. This allegedly caused the production of mold and sickness in all of the plaintiff family members. The plaintiffs also contended that it caused property damage and diminution of value of their residence. The defendants admitted the rupture but contended that it was broken only weeks before discovery. The plaintiffs brought this action against the defendants based on negligence, nuisance and trespass theories of recovery.
Settlement Discussions
The plaintiffs made a global C.C.P. º998 settlement demand for $500,000, reduced to $125,000 at the settlement conference on the day the trial started. The defendants made a C.C.P. º998 offer of compromise for $3,001 to each plaintiff. Per the plaintiffs, one of the minor plaintiffs accepted the defendants' offer of $3,001.
Specials in Evidence
$50,000 to $60,000
Damages
The plaintiffs claimed $25,000 to $30,000 in property damage, $50,000 to $60,000 in medical specials and $70,000 in diminution in value.
Injuries
The plaintiffs claimed respiratory ailments including asthma, rhinitis and psychological problems.
Other Information
The verdict was reached approximately one year and three months after the case was filed. A settlement conference was held in January 1997 before a San Diego Superior Court judge. It did not resolve the matter.
Deliberation
4 hours
Poll
9-3 (negligence and trespass), 10-2 (nuisance)
Length
3 weeks
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