Nastich v. City of Escondido

An inverse condemnation case involving a road expansion that caused flooding and toxic mold contamination, The case eventually settled for $525,000. Lead attorney was Vincent J. Bartolotta, Jr with senior associate Karen R. Frostrom.

Plaintiff's Technical Expert Witnesses:
Albert A. Schlarmann, S.C.R.E.A., Appraisal Research Corp., 257 North First Street, San Jose, CA 95113
Stefen F. Gustafson, Nautilus Building Consultants, Inc, 2045 First Avenue, San Diego, CA 92101
Joel Morrison, Morrison Engineering, 1927 Frankfort Street, Suite A, San Diego, CA 92110

Defendant's Technical Expert Witnesses:
None. Defendant was precluded from designating experts due to a failure to comply with the statutory expert designation.

Defendant Insurance: Not aware of any

Facts and Background:
This inverse condemnation lawsuit was filed after the City constructed a wider road, Bear Valley Parkway, at a much higher elevation than previously, in such a way as to cause severe damage to the Nastich home at 1845 Bear Valley Parkway. Additionally, that home is now in violation of City codes because the road, including the sidewalk, is so close to the home that there is no longer access to the original driveway. City codes require driveway access. The severe drainage problem causes flooding on the property and has caused the growth of toxic mold spores throughout the home, effectively making the home uninhabitable. The tenants who were residing at the property when the flooding began were forced to vacate the house due to the significant mold issues. The City consistently refused to correct these damages, beginning in late 2004 when they were first observed.

Plaintiff's Contentions, Allegations:
Plaintiff contended that the City's road project caused a catastrophic impact on their Bear Valley Road property because the project changed natural drainage pathways to Plaintiffs' detriment.

Injuries and/or Damages:
The cost of restoring the property to habitable use ranged from $900,000 to $1,100,000. The appraised value of the property was between $600,000 and $650,000, assuming it was in good condition, which it was not.

Defense:
The City contended that the mold condition preexisted the project and also that if damage was caused during construction, it was due to the fault of Cross-Defendant Southland Paving.

Settlement Amounts: $525,000

Verdict or Award: Settled for $525,000

Attorney for client: Partner Vincent J Bartolotta, Jr and associate Karen Frostrom

Attorney for defendant:
Jeffrey R. Epp, City Attorney
Mark A. Waggoner, Assistant City Attorney
Susan Ryan, Deputy City Attorney
City of Escondido, 201 North Broadway, Escondido, CA 92025
[Attorneys for Defendant City of Escondido]

Mark Vranjes, Esq.
Grimm, Vranjes, McCormick & Graham LLP
550 West “C” Street, Suite 1100, San Diego, CA 92112-9012
[Attorneys for Cross-Defendant Southland Paving, Inc.]

Individual Defendants: City of Escondido

Thorsnes Bartolotta McGuire
2550 Fifth Ave., 11th Floor, San Diego, CA 92103, 619-236-9363