UTILITIES LIABLE WHEN NEGLIGENCE CAUSES DEATH OR PROPERTY DAMAGE

Howard Fischer, Capitol Media Services

The Arizona State Court of Appeals ruled on November 30th that state utilities cannot legally shield themselves from a lawsuit when their negligence harms an individual, kills an individual, or causes property damage. An Attorney for the Arizona Public Service argued that: although state utilities may protect themselves from lawsuits in the cases of incidental damage (such as economic losses from power interruptions and even damage to equipment due to voltage fluctuations), that does not apply in this case where a utility’s negligence to maintain the electrical distribution system has started a fire and caused property damage.

 

The assumption that state utilities were shieled from a lawsuit came from a misinterpretation of the Arizona Public Service Tariffs. The Arizona Public Service Tariffs (the rules that govern a relationship with customers) state that utilities are shielded against lawsuits of ordinary negligence. This assumption precluded Chao Xie and Yit Kiue Szeto from seeking damages from APS for damages to her property in Maricopa County caused by negligent maintenance of powerlines. This assumption also precluded a lawsuit by Lydia Briones who occupied the home. However, this was not ruled as ordinary negligence.

 

This property damage was a cause of unsafe transfer powerlines. A fire investigator had determined that the fire was caused by arching of the overhead powerlines on utility poles between the homes. The Court of Appellate did not believe the state utilities should be shielded from a lawsuit either do to arching along a service line does not fall under ordinary negligence.

LOOK BACK: 1942 MINE SUBSIDENCES DAMAGES PITTSTON BUILDINGS

Ed Lewis / Times Leader

On November 27, 1942, a mine subsidence in the town of Pittston, Pennsylvania, caused several families to evacuate their homes. The damages of the properties varied between jammed doors to foundations of properties on the verge of collapsing. Around 75 homes were left without water or gas. Policemen and firemen blocked off the road in case of fires or property damage. Approximately 36 hours later, another subsidence occurred in the same area.

 

An additional 10 homes were destroyed endangering roughly 40 families. Many of the residents were asleep as the second subsidence came without warning. Individuals became trapped in the debris of their buildings crumbling apart around them during the second subsidence. A third subsidence would come later from the hill section of South Pittston. Local schools had to shut down due to a cave-in. Then, a fourth disturbance would come from Oak Street and South Spring Alley damaging another 10 homes.

 

A total of 150 building, mostly homes, sustained damages during the four subsidence’s. The Mayor of Pittston has claimed that the Pagnotti Coal Company has made verbal agreements to restore any damaged property caused by the subsidence back to its original condition. It is speculated that the cause of these subsidence was due to over mining of the six main coal mines that undergo the towns local mountains.   

CLARKE SUPERVISORS: PROPERTY RIGHTS NOT TO BE RESTRICTED BY BATTLEFIELD BOUNDARY ASSESSMENT

The Memorial Day Foundation

Clark County Officials are attempting to define the exact location of the battle of Berryville, Virginia. Clark County Officials are maintaining that this is not an attempt to restrict land development rights. Being able to mark the exact location of this civil war battle ground would ensure that it would eventually be marked as a state and federal historical ground. Nearby property owners can get federal tax credits in order to preserve historical characteristics of their properties.

 

The battle of Berryville took place in September of 1864 on over 7,000 acres of land north and west of the town. Roughly 11,000 soldiers were involved and approximately 500 casualties occurred. The Federal Advisory Commission on Civil War Sites, commissioned by Congress to determine the war’s major battlefields and their current conditions ranked The battle of Berryville among the top 384 most significant battles. The National Park Service’s American Battlefield Protection Program has funded $39,427 towards research and locating exactly where the battle occurred. 

 

Home owners in the area have expressed their concerns with Berryville becoming a historical landmark because they worry this will put restrictions on land development. Residents have been told that The Board of Supervisors should have plenty of time to hear all the concerns from the residents before making a decision. The Board of Supervisors must also publicly discuss whether to proceed with the historical landmark or not. 

ST. PETERSBURG LAW FIRM WINS $4 MILLION SETTLEMENT AGAINST CITY HALL

Matt Lettelleir / St. Petersburg Chamber of Commerce

A settlement of $4 million was achieved by Howard P. Ross, ESO.,B.C.S. for TLM Investment Group I, LLC from the City of St. Petersburg on November 23, 2021. Back in September, the city of St. Petersburg was ordered to pay TLM nearly $3.1 million plus interest and attorney fees. In order to avoid the appeal, the city agreed to pay $4 million to resolve the lawsuit. This lawsuit was in regard to the termination and breach of commercial lease agreement from the city. This judgement was made based of off TMLs lost profits because they had not been permitted to complete their commercial projects.

CHELSEA, MASSACHUSETTS LANDLORD AND PROPERTY MANAGER AGREE TO PAY $80,000 TO SETTLE SECTION 8 FRAUD CASE

Robert Wood Johnson Foundation

A landlord / property manager from Chelsea, Massachusetts, has agreed to pay a $80,000 settlement after they had submitted false claims. The landlord / property manager admitted to receiving illegal water utility payments from three of the tenants in the section – 8 low-income housing program. The landlord had demanded water utilities payments during a period of time that they had contractually agreed not to charge rent or utilities. One of the tenants eventually sued under the whistleblower provisions of False Claims Act.

ALTO, NEW MEXICO RESIDENTS ASK COURT TO LABEL PROPOSED CONCRETE PLANT A NUISANCE IN LAWSUIT

Ray Mata III / Ruidoso News

A team of Alto, New Mexico, residents have filed a lawsuit to resist the proposed concreate plant being put into the community. Residents feel that if the concreate plant is established, the value of their properties will decrease. The lawsuit asks for the court to award a diminution of value on their properties if the concreate plant is established. One resident is claiming that the installation of the concrete plant would fundamentally alter the scenic, residential, and rural nature of the area.

LARGE FIRE DAMAGES MULTIPLE RESIDENTIAL BUILDINGS ON BALD HEAD ISLAND, NORTH CAROLINA

@JodiQHill / Twitter

A fire had started on November 20th on Bald Head Island, North Carolina. Both the Southport Fire Department and the Village of Bald Head Island have posted warnings onto their social media accounts telling the public to stay away from the area. As of Sunday morning, there has not been any word on exactly how much property damages have occurred and if there was anyone hurt due to the fire. The fire reportedly started near the lighthouse and cause several other buildings to start burning as well.

ONTARIO-BASED BUSINESS PAYS $300K TO THE ENVIRONMENTAL DAMAGES FUND AS PART OF AN ALTERNATIVE MEASURES AGREEMENT RELATED TO A HYDROCARBON SPILL

benzinga.com / Opera News

Canadian Enforcement Officers are attempting to enforce companies and individuals to comply with the Canadian Environmental Laws in order to maintain a clean and safe environment. In May of 2017, Environment and Climate Change Canada's enforcement officers responded to a resident reporting an oily substance floating onto of the Schneider Creek, which is a fish-bearing tributary of the Grand River.

 

After an investigation, it was determined that the oil had come from a demolition of a property owned by Drewlo Holding Inc. The company entered into an Alternative Measures agreement with the Director of Public Prosecution that was acting under the behalf of the Attorney General of Canada. They would be charged by Environment and Climate Change Canada under the Fisheries Act for depositing or permitting the deposit of a deleterious substance in water frequented by fish.

 

Drewlo Holdings Inc. agreed to pay $300,000 to the Government of Canada's Environmental Damages Fund. They also agreed to bring in a qualified environmental consultant to review the company’s current practices, evaluate existing compliances with the regulations, and develop a training program for employees in leadership positions. On November 10, 2021, it was confirmed that all measures on the outline had been completed by the company.

HOW GREATER USE OF ISSUE CLASS CERTIFICATION CAN BRING JUSTICE TO PLAINTIFFS

Alan Nochumson / Nochumson P.C.

Personal Injury cases may now be successfully litigated as class action for class certification and case resolution in personal injury cases and property damage cases. Rule 23(c)(4) states that "when appropriate, an action may be brought or maintained as a class action with respect to particular issues."

 

This would be known as Issue certification where essentially; this would create an alternate course for class certification by allowing for an overwhelming case to be divided into smaller piece. Issue Certification is going to allow for more "efficient adjudication of the controversy" which would only benefits all members involved with the case; Plaintiffs, Plaintiff Attorneys, Experts who would otherwise have to appear in court potentially hundreds of times, Defendants, and already-overburdened court systems. Certain lower dollar amount cases may benefit from this greatly as it is opening the door for smaller and more diverse cases that may not be otherwise economically viable to pursue.

SAN JOSE FINALLY REACHES SETTLEMENT WITH RENTERS AND PROPERTY OWNERS ON THE 2017 COYOTE CREEK FLOOD

EPA ADVANCES SCIENCE TO PROTECT THE PUBLIC FROM PFOA AND PFOS IN DRINKING WATER

RESIDENTS REBUILD TOGETHER AFTER THE SIMILKAMEEN RIVER SWEPT THROUGH DAMAGING COMMUNITIES

Merritt, British Colombia City Camera

B.C. FLOOD UPDATE: CHILLIWACK SCHOOLS RE-OPEN, SOME ABBOTSFORD SCHOOLS REMAIN CLOSED

CONSTRUCTION CREWS FOR WINTER PLAZA PROJECT DAMAGE HOTEL FRISCO

Jenna DeJong / Summit Daily

An excavator being used for construction on a winter plaza ran into the side of the Hotel Frisco, going through the second-floor wall and common area on October 4th. The hotel manager determined that the hotel needed to vacate all visitors inside of the building due to the excavating construction occurring close to the building. This cost the hotel as they had to provide accommodations at nearby hotels for the residents that were evacuated. Once the visitors had been vacated, construction went back underway, and a machine operator hit the side of the hotel with the bucket of his crane.

 

Then an order to stop construction was made on October 5th due to the winter plaza construction crew exposing part of the Hotel Frisco’s foundation. Five truckloads of debris had to be taken away from the site after the incident. The hotel owner assumes it will take nearly the same number of trucks worth of material to fill the hole back up which will be happening within the next week.

RICHMOND LANDLORDS SUED FOR CLAIMS OF DISCRIMINATION AGAINST RENTERS

THIRD RHODE ISLAND LANDLORD SUED OVER LEAD-PAINT VIOLATIONS

SOFIE RUDIN / THE PUBLIC'S RADIO

From Providence, Road Island, a local real estate investment trust and two landlords have allegedly ignored orders to clean up lead paint from within their rental properties in Providence and Cranston. The children living in these properties having tested positive for elevated levels of lead in their blood. The lawsuit claims that the owner of the three-family triplex, Robert N. Riccardi, violated state laws that protect the renter from lead poising. Elaine C. Proeung and Mortgage Equity Conversion Asset Trust 2011-1, Providence property owners, were both sued in October of 2021 for the same reasons.

 

All lead hazards are required to be immediately rectified upon notification under the Road Island Lead Poisoning Prevention Act. The two property owners who had been sued in October bought their properties with lead violations already existing on the property. The properties were cleaned up over the summer as a court document states. The violations on Mr. Riccardi’s property were brought to light when 5 children were tested with higher levels of lead in the blood stream. Accordingly, state officials were notified, and a property inspection was triggered.

OIL CONTAMINATION/REMEDIATION: NEW YORK COURT CONSIDERS POTENTIAL LIABILITY OF INSURANCE COMPANY/ENVIRONMENTAL CONSULTANT

PBDW Architects

A New York Supreme Court addressed an October 20th decision and order of alleged damages with remediation of the oil contamination of 2011. Several property owners claimed that their land had been contaminated by oil and that the insurer and environmental consultant were liable for any additional damages that may be caused by the remediation process.

 

The property owners (Plaintiffs) that suffered an oil contamination on their property had an insurance claim through State Farm Insurance. State Farm used a third party to remediate the property to the New York State Department of Environmental Conservation (“DEC”) standards. State Farm engaged Holzmacher, McLendon and Murrell, P.C. (“HMM”) as environmental consultants to oversee the work of Milro Associates, Inc. (“Milro”).

 

The property owners (Plaintiffs) filed an action against State Farm and HMM to recover alleged damages associated with the remediation process, claiming that they had caused additional damages to the property beyond damages that had occurred during the oil contamination. The lower court denied separate motions of State Farm and HMM for summary judgment.

 

The court ruled that whether State Farm demonstrated HMM as an independent contractor, State Farm was unable to prove that there was no negligence in selecting, instructing, or supervising HMM. State Farm also did not verify if the services completed by HMM were accepted by the plaintiffs. The court upheld the denial of motion for summary judgment by State Farm, the court also stated that HMM failed to demonstrate it was entitled to judgment as a matter of law.

GWINNETT RENTERS DISPLACED BY FIRE SEEK DAMAGES

Gwinnett Fire and Emergency Services / Gwinnett Daily Post

58 residents of Gwinnett, Georgia, were displaced after a fire. 5 of the tenants have filed a lawsuit against the property owner for negligence. The plaintiffs are seeking financial compensation for personal injuries, medical, and incident expenses along with compensation for the pain and suffering that was caused by the event.

Although no one was injured, many of the tenants lost valuable items. Two of the residents lost documentation regarding their U.S. citizenship. One resident claims that renter’s insurance only covers roughly $13,000 or 15% of her total loss. She also claims that she is still experiencing feelings of anxiety every time she hears fire trucks or smells something smoky.

DEVELOPER SUES CITY FOR “MILLIONS”

Kyle Phillips / The Transcript

A developer requested to build 147 homes in the existing Eagle Cliff housing of Norman, Oklahoma and was denied by the City Council. The developer has filed a lawsuit claiming millions in damages due to the protesting of neighbors and the refusal of the rezoning request. The commission denied the developer’s request in a 7-2 vote after city staff reported to the commission and city council that the developers met all of the city’s ordinances and codes. The developer’s attorney, Sean Rieger, claims that his clients request should have qualified for an amendment of the 2025 land use and transportation plan in order to move the property from the assumed future urban service area to the current urban service area.

BENTON HARBOR RESIDENTS FILE CLASS ACTION LAWSUIT OVER WATER CRISIS

Office: 33971 Selva Road, Suite 230, Dana Point, CA 92629
Phone: 949.497.7603     Fax: 949.497.7601