Verdicts and Settlements

TORTS, Trespass/Nuisancefrom Root and Limb Encroachment– Negligence

SETTLEMENT RESULT: Defendant agreed to pay $48,168 and to prune roots, install a root barrier, and perform pruning, crown reduction, crown thinning and height maintenance work on their redwood trees. Mediator was Robert A. Murray.

CASE: Merlonghi v. Costa

SETTLEMENT DATE: April 9, 2010

ATTORNEYS: Plaintiff – Barri Kaplan Bonapart (Bonapart & Associates, Sausalito).
Defendant – Malcolm A. Mackenzie (Coombs & Dunlap, LLP, Napa).

EXPERTS: Plaintiff – James MacNair, arborist, MacNair & Associates, Glen Ellen

FACTS & CONTENTIONS: Plaintiffs and Defendant are next-door neighbors in Napa, CA.  A few years after purchasing their home, Plaintiffs began to notice damage to their lawn, patio and fence, as well as cracking and separation of the swimming pool coping and deck.  Upon investigating the source of the damage, they discovered that roots from Defendant’s redwood trees were rapidly encroaching onto their property causing damage and disruption. In addition to the physical damage, encroaching limbs from the trees were littering Plaintiffs’ yard and pool, causing constant clean up and staining the surface of the pool itself.  Plaintiff telephoned Defendant to advise him of the problems, but when Mr. Costa came over to look at the damage he advised that he would not remove the trees under any circumstances, and moreover, that he would not pay for any damages.  Plaintiffs then retained an attorney, and the parties were able to come to an agreement in mediation.

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