SPOLIATION: First-impression issues in context of settled parties involving excavator bucket falling on worker in trench and inspections without notice to sewer contractor and removal of machinery resolved by finding of negligent — not intentional — spoliation and payment of expenses including attorney fees for contractor to conduct its own inspection… $33,277 awarded of $83,190 requested… Marks. [Read more…]
Discovery sanctions, sewer system challenge abuse
DISCOVERY: Suit to halt sewer system dismissed (without prejudice) as sanction for prejudicial dilatory discovery abuse… any re-filing will be subject to a surety bond… Halligan. [Read more…]
Sewer district challenge by property owners
SEWER DISTRICT: All claims except declaratory action by property owners challenging formation of district dismissed for failure to state claim… parties schooled on how to frame allegations and defenses… Halligan. [Read more…]
Defective yard hydrants, tort v. contract gravamen
DEFECTIVE YARD HYDRANTS: Gravamen of claims that hydrants violated plumbing cross-connection regulation sounds in tort, not contract, time-barred, no justiciable controversy to support declaratory judgment request. . . complaint dismissed with prejudice. . . Jones. [Read more…]
Defective yard hydrants
DEFECTIVE YARD HYDRANTS: Constitutional (clean/healthful environment) tort, negligence, declaratory, breach of contract claims by water district against DEQ dismissed on summary judgment… professional negligence claim against engineers time-barred, further briefing required as to whether gravamen sounds in tort… Jones. [Read more…]
Constitutional tort, defective yard hydrants
CONSTITUTIONAL TORT claim by water/sewer district against engineers of defective yard hydrants dismissed as “adequate alternatie remedies” are available under breach of contract/negligence theories… Jones. [Read more…]