Franc v. Morris

Mediation January 21,2016

PartiesPlaintiff: Peter FrancDefendants: Jamie & Kelly Morris

Viking ConstructionStevens Geotechnical, Inc.Conner StevensNicholas Thomas

Statement of Facts• Peter Franc lives downhill from Jamie and Kelly Morris• The Morris’s decided to enlarge the lot and value of their

residence• Construction took place to create a fill slope, three car carport

and a swimming pool at the Morris residence• Stevens and Thomas admitted to deviating from approved plans• Contrary to the original plans Stevens and Thomas proceeded

with a new plan at the request of the owners

• This would expand the flat land, increase the value, and worth of the land• The project of this litigation is located in Santa Clara County• Approval was not given from the Town because the changes did in

fact violate the building code• The Town issued many warnings, letters and memoranda stating

their concern• The incident pertaining to litigation happened on February 2, 1998

• Because of days of lengthy and fairly intensive rainfall created a landslide onto Franc’s property• The landslide was filled with water, mud, tree and brush debris,

ran directly from the fill slope of the Morris’s residence• The slide also contained highly toxic poison oak, which has

infected the Franc• Franc also suffered severe damages to his property and residence

which does host his stored business furniture and items

First Cause of Action:Negligence/ Res Ipsa Loquitur

Moss

Slope

Morris Residence

Cleaning Tools

Mud

Water

• Date: May 7, 1998• To: Karen• From: David Jones• The letter shows Connor directed Nick

Jones to rebuild the embankment as it was originally placed.

Blister Blister

Burn

• Date: September 15, 1995 • To: Kelly and Jamie Morris• From: Steven Geotechnical, Inc.• This report identifies the geographical hazards at

the property and it provides recommendations for design and construction of a new home on the site.

Second Cause of Action:Premises Liability

Plastic cover

Slope

Sand bags

• Date: August 14, 1996• To: Mr. & Mrs. Morris• From: Terrastudies• During the heavy rains this past winter,

the soils comprising the lower end of the fill prism mobilized as a debris flow and washed down the ravine.

Garage Franc Residence

Landscape

Tree Branches

Mud

Brush Debris

Mud Water

Tree Debris

Third Cause of Action: Claim Against Governmental Entity

Drainage Pipes

Slope

Mud

• To: Kelly & Jamie Morris• From: Karen Patton• I do however gave some concerns with

the grading that has taken place to the south and southwest of the proposed carport. There appears to be much more fill in this vicinity than shown in the approved grading plan.

Mud

Chemicals

Tree

Mud Mold

Brush Debris

• Date: September 1995 • To: Kelly & Jamie Morris• From: Steven Geotechnical, Inc.• Geotechnical evaluated the potential

geological hazards influencing the proposed new residence and develop soil and foundation recommendations for the project.

Actual Damages• Replace drywall and flooring $ 12,000.00• Property Damages 700,000.00•Medical bills 100,000.00• Landscaping 150,000.00• Toxic Waste Removal 38,000.00

• Total $1,000,000.00

Punitive Damages• Devaluation of property $ 750,000.00• Business Damages 150,000.00• Lost wages 100,000.00• Pain and Suffering 1,000,000.00

• Total $ 2,000,000,.00

Request for Settlement

$3,000,000.00