Barbara Bull v. Allstate Insurance, et al
N/AOUTCOME: Settlement during Pre-litigation Mediation
This case involved a major landslide that occurred on a hillside in Burien, WA, a suburb south of Seattle. The matter was sent to voluntary mediation, in which each and every party participated. This l ... egal matter involved at least 12 parties - including 5 insurers, 6 landowners, 1 contractor, and the City of Burien. In December 2007, a major rain storm fell upon the lower King County region in Washington. The rain storm caused massive flooding, runoff and surges that caused erosion, backup and incredible water infiltration. The product of several factors led to the collapse of a hillside on Shoreline Dr., Burien, WA. It has been alleged by parties that sewage backup and drainage malfunction, met with improperly designed and implemented landscaping installation and the cutting into of the toe of the hillside slope by prior developers. The incredible mess of technical legal arguments were met with a one day pre-litigation mediation where each party put forth their argument and their expert's opinion. We represented one of three downhill homeowners who were damaged by the landslide. Our client incurred major cosmetic damages to its home, but escaped any documented structural issues. It was alleged, and supported by engineers, that our client was responsible for at least a portion of the collapse due to it successor interest in the property, which was defective because it had cut into the toe of the hill's slope, in order to build a driveway. Though our client faced this potentially harmful defense, we were able to move through the one day mediation and obtain a preliminary settlement before leaving. Once we confirmed that an insurer was able to contribute the remaining funds, we were able to get our client a pleasing settlement without the massive delay, costs and pains of a major litigation.
