# 1304197, Sam Ameen v. Mark Bookspan et al. filed 12/2/08

Plaintiff’s Attorney: John B. Richards

Verdict: $2,682.96                                    Dept. 3: Hon. Thomas P. Anderle

Defendant homeowners of Santa Barbara duplex hired Defendant plumber for repair work.  Defendant plumber did not obtain a permit for the work performed, or install a backwater valve. Plaintiff, a tenant in one of the duplex units, filed suit against homeowners after  the unit was flooded with sewage due to the absence of the backwater valve. Plaintiff alleged damages from the flooding in excess of $100,000 that included furnishings, photographic equipment, irreplaceable photographic artifacts, relocation expenses and emotional distress. Defendant homeowners filed a separate suit against the City of Santa Barbara and Defendant plumber for the same incident, and the court ordered the cases consolidated. Defendant homeowners settled pre-trial with the City and Defendant plumber. At trial, Defendant homeowners claimed the City was responsible for not adequately maintaining the sewers, not advising or giving proper notice to homeowners of the new law regarding back water valves, and blamed Defendant plumber for failing to get a permit, while conceding Defendant plumber likely did not know about the City’s new statute regarding back water valves. Jury found Defendant plumber 72% responsible, Defendant City and homeowners each 14% responsible and awarded $5,000 furnishings and furniture, $4,980 photographic prints/artifacts, $3,559 relocation expenses and $5,625 pain and suffering damages. Plaintiff served a 998 offer pre-trial of $150,000 and Defendant homeowners offered $23,000 before the lawsuit was filed.

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