VERMONT FLOOD COSTS COULD EXCEED $5.2 BILLION

NBC5 News

The University of Vermont has concluded that property damage from flooding will exceed $5.2 billion in the next 100 years. Flood damage projections are expected in the Winooski River floodplains. Many of the state’s most populous towns are in the floodplains, including Burlington, Essex, Colchester, Williston, and Montpelier.

The University of Vermont is also developing a comprehensive map of flood risks across Vermont’s Lake Champlain Basin. The comprehensive map intends to reveal greater flood damage in more detail than any other existing model. Researchers were able to evaluate eight different levels of flood probability ranging from smaller floods that occur every 1-2 years to larger 50-, 100- and 500-year floods.

SURVIVORS OF BRONX FIRE SUE CITY AND LANDLORD FOR $1 BILLION IN DAMAGES

SCOTT HEINS / GETTY

On January 9th, 2022, a fire at 333 East 181 Street, Bronx, New York, was ignited by an electrical space heater. The fire was contained to a single room on the second floor of the high-rise apartment, but smoke filled the 19-story building causing 17 people to lose their lives and injured another 40 people. A pair of class-action lawsuits were filed on January 11th by two of the survivors, Rosa Reyes and Felix Martinez. The couple filed claims of permanent personal injuries and property damage.

CALIFORNIA EXPANDS NON-ECONOMIC DAMAGES IN SURVIVAL ACTIONS

Jonah Hall & Ryan White / Husch Blackwell

As of January 1st, 2022, plaintiffs in survival actions in California will be eligible to obtain damages for predeath pain, suffering, or disfigurement. This dramatic change in law will impact the value of litigation cases as well as the cost of defending these matters. Prior to this, if an injured party died before their legal cases were resolved, the recovery in that lawsuit could not include predeath pain, suffering, or disfigurement. The only recovery permitted was economic monetary losses and possibly punitive damages under other statutes.

On October 1st, 2021, California Governor Gavin Newsom modified the existing law so plaintiffs in survival actions can be awarded damages for predeath pain, suffering, or disfigurement. This law is not retroactive, only plaintiffs that filed on or after January 1st, 2022 will be eligible for the recovery damages for pain, suffering, or disfigurement in survival actions. This law is set to expire on January 1st, 2026. At that time, California Legislature can release the bill.

Negligence actions and medical malpractice actions will likely be impacted, though the Medical Insurance Compensation Reform Act cap still applies to non-economic damages for pain and suffering. This law does not impact the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), as EADACPA already permits predeath pain and suffering damages up to $250,000.

BENNINGTON CLASS ACTION SETTLEMENT

Lucas Willard / WAMC

Individuals that have lived or owned real estate property near Bennington / North Bennington, Vermont, may benefit from a class action settlement. Sullivan v. Saint-Gobain Performance Plastics Corp., a class-action lawsuit filed by residents in the Bennington area alleging contamination of their property and drinking water with a chemical called Perfluorooctanoic Acid (“PFOA”) has settled. 

The settlement will provide money for property damages to individuals (Property Class) that owned residential real estate property in the Zone of Concern and funding for a Court-Supervised Medical Monitoring Program for Exposure Class members. Individuals may be a member of both classes. A more detailed Class Settlement Notice, the Settlement Agreement, a Claim Form, and an Opt-Out form can be found at www.BenningtonVTClassAction.com or requested by emailing info@benningtonvtclassaction.com, or by calling 866-726-3778.

If you are a property owner within the zone of concern, you must file a claim form to receive money for property damages. Unless you have been asked to be excluded from the property class no later than February 2, 2022, you will be bound by the settlement and release of claims. Exposure class members must file a Claim Form to participate in the Medical Monitoring Program, there will be no opportunity to be excluded.  

Exposure Class members will have an opportunity to object to the settlement no later than February 2, 2022. Doing nothing will result in getting a payment or other benefits from this settlement along with giving up certain legal rights. 

ONTARIO COURT AWARDS OVER $107M TO FAMILIES FROM FLIGHT 752 SHOOTDOWN

Jim Sciutto, Pamela Brown, Barbara Starr, Zachary Cohen and Paul P. Murphy / CNN

A court in Ontario, Canada, awarded more than $107 million to the families of six victims in the Iranian military’s downing of flight 752 on January 8th, 2020. The decision was made public on December 27th, 2021, following a May ruling that the missile strike was an international act of terrorism. This alowed for relatives of those who were killed to seek compensation from Iran. Ontario Superior Court Justice Edward Belobaba found the missiles that shot down Ukraine International Airlines Flight 752 to be deliberately fired at a time of no armed conflict in the area, resulting in Iran’s invalidation of immunity against civil litigation.  

$626.25M HEADED TO SURVIVORS OF THE FLINT WATER CRISIS MAY NOT UNDO ALL DAMAGE

FlintWaterStudy.org

Funds are starting to make their way to the residents of Flint Michigan from a partial settlement approved by a federal judge for $626.25 million. This crisis was sparked in 2014 when government officials were attempting to find a new municipal water supply. The state’s governor, Rick Snyder, switched its main source from Detroit Water and Sewage to the Flint River, water already proven to be unsafe for consumption or use.

 

Residents started to become ill and formed Legionnaires’ disease among other diseases. Some residents experienced miscarriages and male fertility issues. Residents are speaking out against the amount given claiming it is no enough for the residents who will continue to suffer from the ailments.

PROPOSED CLASS-ACTION SUIT FILED TO RECOUP DAMAGES FROM SUMAS PRAIRIE FLOODING

B.C. HYDRO / PNG

Two residents from Sumas Prairie, British Colombia, have filed a proposed class action suit on December 23rd in the B.C Supreme Court. The suit is against the local authorities and the providence for damages suffered during the flooding of mid-November due to torrential downfall. Class action suits that allow for one or more people to sue on the behave of a group of people with similar claims has been approved by the courts.

 

Prospective plaintiffs in this case could include any residents in the Abbotsford region who suffered losses in the floods. An official cost of damages has not been totaled yet but Abbotsford mayor Henry Braun estimated repair costs to be around $2 billion for the damages to farms and residential properties. Several residents had to evacuate the Sumas Prairie area and other areas of Abbotsford.

 

Residents are arguing that the city, regional district and province “failed to warn of the impending and foreseeable Suma’s flood in a timely manner” and “failed to implement emergency measures and warnings.Had the city given proper warning, residents could have prevented and lessened damages caused by the flooding.

6.2 EARTHQUAKE ON THE NORTH COAST OF CALIFORNIA DAMAGES BUSINESSES AND HOMES

RECOVERING TOGETHER ALONG THE PATH OF DESTRUCTION, RESILIENT COMMUNITIES OFFER A GLIMMER OF HOPE AFTER TORNADOES

Joshua Lott / The Washington Post

Nearly 100 individuals have died in the tornados that occurred from December 10th – 12th crossing Arkansas, Missouri, Tennessee, Kentucky and Illinois. The tornados caused property damage to factories, city halls, residential properties, and nursing homes. In the town of Monette, Arkansas, a nursing home experienced collapsing roofs and walls while over 200 residential properties were destroyed. Monette’s Singer Sewing Co. factory had their entire factory / warehouse complex damaged. Most of the communities the tornados ran through have similar stories of homes, buildings, and communities being destroyed by the winds. 

 

Residents of Dawson Springs said the winds of the tornado sounded like a lawn mower grinding through the trees. Three quarters of their 2,500-home community was destroyed by the tornados leaving 13 people dead. The number of deaths is subject to rise as the town is working on clearing the wreckage.

SEWAGE SPILL CLOSES SOUTHERN CALIFORNIA BEACHES

KTLA 5 News / Associated Press

On December 31st, 2021, Long Beach, Los Angeles, and Orange County beaches were closed due to a sewage spill of as many as 7 million gallons of untreated wastewater. A series of late December storms brought heavy rainfall to the southern California area causing a section of the Los Angeles County-run sewage system to collapse. The collapse sent untreated wastewater to storm drains that lead to sea.

 

The collapse was reported on Friday, December 31st, in the city of Carson. Emergency contractors set up bypass pumps immediately, but sewage continued to make its way into the ocean according to the districts.

 

The sewage spill prompted closures from Huntington Beach to Rancho Palos Verdes. This also included 7 miles of beach and bayfront areas in long beach. Reopening these beaches will require water testing that shows bacteria levels that are not hazardous.

FIRE DAMAGES HUGE QVC DISTRIBUTION CENTER IN NORTH CAROLINA

Fox 35 Orlando News Associated Press

On December 18th a fire started inside of a distribution center in Rocky Mount, North Carolina. The property belongs to the QVC home shopping television network. Reports of the fire came in at 2:00am and a QVC representative reported that all employees safely evacuated and were accounted for except for one. Edgecombe County Manager, Eric Evans, estimates that 1.2 million SqFt of the “Main Section” appeared to be destroyed. Crews from 45 different departments fought the blaze for over 12 hours. The cause of the fire is still under investigation.

FIRE DAMAGES BUILDING IN DOWNTOWN ST. PETER HISTORIC DISTRICT

Erin Marie / SouthernMinn.com

On December 18th, a fire started at 101 S. Minnesota Avenue in the historic districts of St. Peters, Pennsylvania. The two-story brick building had all the windows broken on both floors, the roof burnt, and debris from the fire inside and out. Matt Atwood, the business owner who rents the main level space, claims the fires seemed to start near the electrical box in the upper floor. He also mentioned the building owner thought the building would likely be a total loss. Reports of the fire were received at 11:11pm and the fire would take roughly four hours to extinguish with fire fighters leaving the scene at 4:00am.

TREE DAMAGE ON BELLEVUE, NEBRASKA HOME CROSSES PROPERTY LINES

BAD VIBRATIONS

SALEM-KEIZER SUES CONSTRUCTION FIRM OVER FIRE DAMAGES AT WALDO MIDDLE SCHOOL

Crime Stoppers of Oregon / Salem Reporter

On December 10th, a complaint was filed by the Salem – Keizer School District against a construction contractor for failure to secure a construction site at Waldo Middle School allowing an arsonist to set fire to materials at the building. The property destruction will delay work on school renovations. The complaint is seeking $81,588 in damages plus attorney fees from Triplett Wellman, a Woodburn-based construction company.

 

The fire took place on April 29th, 2020 while construction was underway. The fire was declared arson after police reviewed the video surveillance footage from the school. Police concluded that the fire caused $250,000 worth of property damage. The claim is not putting the fault of the fire onto the construction company. The claim is indicating that the construction companies’ failure to properly secure the construction site led to $80,000 in damages and delays.

CINEPLEX AWARDED $1.24 BILLION IN DAMAGES IN TAKEOVER SUIT, CINEWORLD TO APPEAL

Tara Deschamps / Toronto Star

Cineplex Inc. claims they have won their court battle against the UK theater giant that was due to purchase their company before the start of the COVID-19 pandemic. An Ontario Superior Court of Justice ruled in Cineplex Inc.’s favor for breach of contract against its former suitor Cineworld Group PLC. Cineplex was awarded $1.24 billion towards damages and denied a counter claim by Cineworld. Cineworld noted that the court also ruled for them to pay Cineplex $5.5 million in lost transaction costs as well. Cineworld disagrees with this ruling and plans to appeal it in court

MOUNT JACKSON MAN CLAIMS SOLAR FARM WATER RUNOFF IS DAMAGING FIANCÉE’S PROPERTY

Colby Johnson / WHSV.com

A resident from Mount Jackson, Virginia, is claiming that Mount Jackson’s solar farm water runoff has caused property damage to his fiancée’s front yard. The couple live across the street from the solar farm. On September 1st, during Hurricane Ida, they recorded a video of water runoff coming onto the property and is claiming that it is evidence showing frequent water runoff and property damage.

 

Officials of Mount Jackson and Shenandoah County have examined the site and stated that there are no major erosion issues related to the solar farm. Town leadership has also claimed that many officials have examined the site and concluded that the solar farm is not at fault for the water runoff. Officials are also claiming water runoff comes with excessive rain in cases like Hurricane Ida, but not as frequently as the property owners claims.

TWO-ALARM FIRE BURNS RUBIO’S RESTAURANT IN OCEANSIDE

Courtesy of Oceanside Fire Department / NBC San Diego

At midnight on December 9th, a fire started in a stand-alone Rubio’s restaurant damaging the interior of the building. The restaurant was located on the corner of Oceanside Boulevard and College Boulevard in San Diego, California. Initially, fire fighters only saw smoke inside of the building and were taking an offensive approach to putting out the fire. They would later switch to a defensive position as the flames reached the roof of the building.

 

Ventilation holes were cut in the roof to increase visibility for fire fighters to locate the remaining flames. After about 25 minutes, all fire fighters exited the building due to concerns of the roof collapsing. Additional fire fighters were deployed and after about 4 hours, the fire was put out. No injuries were reported, and no damage estimate was immediately available.  

NEW STANDARD FOR PHASE I ENVIRONMENTAL REPORTS REQUIRES MORE RESEARCH ON MANY SITES

Phase I ESA ASTM Radius Map Report / GeoFoward.com

Environmental Consultants prepare to contribute to a new standard for Phase I Environmental Reports. Standard ASTM E1527-13 is being replaced by ASTM E1527-21 effecting 250,000 commercial real estate transactions yearly and mandating in-depth historical reviews at several locations. Historical reviews would include a requirement to examine adjoining properties history.

 

This change in standard was to determine the potential health risks posed by dry cleaning businesses.  Contamination from dry cleaning businesses are the leading source of environmental liability when conducting commercial real estate transactions. The new standard has also listed PFAS (per- and polyfluoroalkyl substances) as a “non-scope issue” that may need to be evaluated as a business risk similar to asbestos and mold.

KIRBY INLAND MARINE TO PAY $15.3 MILLION IN DAMAGES OVER 2014 OIL SPILL