Itani et al. v. Yorba Linda Water District
Jul 13, 2012OUTCOME: Verdict for Plaintiffs for Nearly $70 million
Heather participated in the Yorba Linda Water District wildfire subrogation case and helped her insurance carrier client obtain one of California’s 10 largest judgments in 2012. The total judgment was ... for Berger Kahn’s clients, insurers with Farmers Insurance Group of Companies, were awarded $9.2 million of the total verdict. A group of homeowners and subrogating insurers filed suit against the Yorba Linda Water District, alleging the agency was responsible for certain property losses because the city’s fire hydrants went dry just before the blaze. When the fire threatened homes in the upper Hidden Hills area of Yorba Linda, three electrical pumps stopped working because of a wiring short and the gas-powered emergency fire pump overheated. As a result, hydrants went dry and nearly 20 homes were damaged or reduced to ash. The suit argued that the water district was liable for the damage under principles of inverse condemnation, which allows victims to sue a government agency over loss of property, said Eric V. Traut, and attorney who represented the plaintiffs. Retired Judge John K. Trotter ruled in favor of 12 of the 19 involved homes, stating that firefighters were able to get water to the other seven. A total judgment of nearly $70 million was awarded to the homeowners and subrogating insurers. Itani v. Yorba Linda Water District, City of Yorba Linda, 30-2009-00124906 (Orange County Super. Ct., filed 2009).
