May 20, 2009 : David J. Rosenberg Prevails In Defense of Property Damage Claim
Allegheny County Court of Common Pleas judge Paul Lutty Jr. recently non-suited a lawsuit filed by Pittsburgh-area homeowners who sought damages from their neighbors and a contractor for property damage.
In the case, the plaintiffs claimed that their neighbors caused toxic mine water run off when they had excavation work done at their property. The neighbors, who were represented by partner David J. Rosenberg, lived on the high side of a street with the plaintiffs across the street. There was an abandoned mine on the hill behind the nearby property. Shortly after the the defendant homeowners purchased the home they began to experience water and mold problems. They eventually hired a contractor, who was named as a co-defendant. After the contractor performed various excavation remedies including a French drain and a diversion ditch, plaintiffs began to allege that they were having water and mold problems.
The remedial efforts did not solve the problem. Ultimately the neighbors had to abandon the home, default on the mortgage, and lose their life savings. The plaintiffs' complaints coincided with a series of major rainstorms including Hurricane Ivan, which devastated Western Pennsylvania in September 2004.
Key evidence included a videotape taken by the defendant homeowners during several storms in 2004. These videos demonstrated that water runoff was not crossing the road from their property but was coming down the road on plaintiffs’ side as a result of the heavy rain. In addition, a geotechnical engineer testified that there was no change in the quality or quantity of water as a result of the excavation work. Judge Lutty entered judgment in favor of the defendant homeowners and ruled that the contractor was not negligent.
File Under: Results, General Liability, David J. Rosenberg