Sesi, et al. v. Signal Landmark, Inc.
San Diego County Superior Courts

Salim D. Sesi et al. v. Signal Landmark, Inc. aka Coronado Landmark, Inc.

Number: 624243

Plaintiff Attorney: Charles S. LiMandri, San Diego
Defendant Attorney: Lathan and Watkins, San Diego, by Joseph J. Wheeler

Plaintiff Expert: Daniel E. Johnson (Environmental Consultant) San Diego
   Craig L. Carlisle (Geologist) San Diego
Albert R. Wilson, M.B.A. (Environmental Impact on Property alues) Denver, Colorado
Mary L. Walker (Attorney) San Diego
Defendant Expert: Opjit Ghuman (Geotechnical Engineer) Santa Ana

Trial Judge:  Hon. Judith D. McConnell

TRESPASS - DUMPING OF HAZARDOUS SUBSTANCES

Plaintiffs in this case were a group of friends and relatives who owned three large tracts of land on Otay Mesa. As part of a beachfront development, defendant cleaned up the site of an old municipal dump in Coronado, where ash from burned refuse had been mixed with beach sand. In July of 1987, defendant dumped approximately 2,500 truckloads of the mixed sand and ash into a seven-acre canyon adjacent to one of plaintiffs' parcels. The ash contained hazardous levels of lead and copper, which contaminated ground and surface water.

Plaintiffs dismissed a strict liability cause of action and proceeded on common law theories of trespass and nuisance.

Defendant admitted liability.

Plaintiff attorney asked the jury to award the potential costs of cleaning up the site, which could range up to $20 million.

Defendant attorney asked the jury to award $800,000 to $1 million.

Jury out one day after an eleven-day trial.

Damages: Plaintiffs claimed that the costs of cleanup could range up to $20 million.

Settlement talks: Demand cash plus costs of cleanup and litigation, with a cash value of approximately $2.3 million. Offer $1.6 million C.C.P.998.

Result: PLAINTIFF VERDICT $2,500,000
 Plaintiffs also filed a companion federal case, which is pending because the subject state superior court action is anticipated not to fully recover the costs of cleanup.
 Appeal filed by defendant.