Rain – Friend or Foe?
In 2019 TVCI wrapped up two lengthy and complex cases involving rare and extreme weather events. At the end of 2018 and in the first quarter of 2019, San Diego experienced a similar pattern, but to a lesser extent. We performed roughly 40 emergency roof repairs and more than 30 interior, dry-out and restorations in a busy rainy season.
The first extreme weather case was a series of single-family homes in Ramona, CA which were affected by a 500-year storm that occurred on July 19, 2015. The weather records state that over 4 inches of rain fell in a short period. This storm resided East of San Diego and could be seen from San Diego proper. The tall thunder clouds built up over the East county hills and without moving away from the area, those clouds wreaked havoc on Ramona. It wasn’t until enough low or high pressures developed to assist in forcing the system to move along. That particular summer storm washed away tons of silt, soil and debris off the immediate hillsides and mountains and through the residential streets to many neighborhood homes.
The litigation that followed included many parties, such as the state, the county, the homeowner’s association, the utility provider and the equipment operator who graded and cut the power line road. Never did those who live in the mountains think they’d need flood insurance. The estimating work assigned took into account the many possible repair scenarios from landscaping, to interior finish damages. We were proud to have represented the many parties who joined in on our retention. The case resulted in settlements with multiple homeowners and the defense parties, one by one. We thank the defense law firms for placing trust in our expertise. We are pleased to have provided them with our estimating services.
The second weather related case was also resolved in 2019 and coincidentally involved the 2014-2015 winter precipitation, as well, but to a lesser degree. This case involved a personal injury claim that occurred on a large hospital construction site during the winter months. The claim included a trip and fall that allegedly happened on a plywood walking path. The plaintiff’s claim and claims from witnesses said the 4’ x 8’ boards were warped from rainwater. Allegedly, this warping contributed to the malfunction of the walking path boards that were laid together end to end. The claim was that the warped boards separated and lifted when a worker was walking behind another individual. The weight of the first man caused a springboard action, creating a toe catch for the second man and causing the fall and alleged injury.
At issue, it was important to decipher who directed the assembly of the walking path, who assembled the boards and standard of care for safe conduct and conditions on a construction site. The weather research TVCI conducted was not the ‘bloody glove,’ it was only one piece of the puzzle in recreating what transpired in the first months of 2015. This case was resolved in trial with a jury verdict. Our defense team of lawyers and experts were successful in obtaining the defense verdict – no fault.
As it turns out the first months of 2015 were the driest in San Diego’s history. The rainfall totals from mid-December 2014 to February 2015 was less than an inch over that period.
We are proud to have been involved in the historical research of weather-related to these two cases. Even though the weather may have played a key role in the claims and actions on behalf of the plaintiffs, for the defense parties, it was a small piece of the puzzle and academic in that this data is accessible through many resources.
In our research, we came across an interesting story and historic tale of the rainmaker in San Diego. In late 1915, San Diego was in the midst of an agonizing drought and hired a rainmaker. Charles Mallory Hatfield, who started out convincing farmers he could bring rain to their crops in 1904, came to San Diego a decade later, with hopes to bring precipitation from the sky. Well, after some time, the rain came and by the time it stopped, San Diego County had nearly 30 inches of rain in January 1916. If you aren’t familiar with the Hatfield Flood, read it here.