Snohomish Co. jury awards $2.2 million to plaintiffs

County State liable for flood damage!!

Snohomish Co. jury awards $2.2 million to plaintiffs

By ARMANDO MACHADO

     
     EVERETT -- A jury decided yesterday that Skagit County and Washington 
     state are liable for flood damage to the property of several dozen 
     Nookachamps-area landowners in 1990. 
     
     The awards totaled about $2.2 million -- far from the $5.7 million 
     originally sought. But the plaintiffs, although disappointed, say 
     they'll take it. 
     
     Despite yesterday's verdicts in Snohomish County Superior Court, the 
     legal battles are not over. 
     
     Both Skagit County and the state say they probably will appeal. 
     
     Skagit County has said it is has insurance coverage for the 
     allegations in the lawsuit. Its insurance companies disagree. A 
     related case in Snohomish County Superior Court will determine if 
     Skagit County's insurance companies will have to pay any of the award 
     money. 
     
     Leonard and Jeanne Halverson of Sterling Road were the lead plaintiffs 
     in the trial, which lasted more than five months. They were awarded 
     about $52,000. 
     
     "We got a decision that says the county was guilty," Leonard Halverson 
     said outside the courtroom after the jury announced its verdict. 
     "That's the important thing." 
     
     Skagit County Commissioner Ted Anderson, whose District 3 includes the 
     Nookachamps area, said, "It's not Skagit County's responsibility." 
     
     Skagit County must pay 69 percent of the money and the state must pay 
     31 percent, the 12-member jury decided. 
     
     The case of Halverson vs. Skagit County in Snohomish County Superior 
     Court stems from a devastating flood in November 1990. 
     
     The plaintiffs included 58 households and businesses. But five 
     plaintiffs received no awards, and all who received money got less 
     than they requested. 
     
     The lawsuit charged that the county's dike system forced unnaturally 
     high flood waters onto the plaintiffs' properties, contributing to 
     substantial damage, destruction of crops and reduced property values. 
     
     But county and dike-district officials said proper procedures were 
     followed in construction and maintenance of the dikes. 
     
     In the case, the plaintiffs pointed to Skagit County, the county 
     pointed to the state (a third-party defendant) 
     
     and the state pointed to county Dike Districts 12 and 17. The dike 
     districts had been defendants but were later dropped. 
     
     The issue came down to interpretation of state statutes, letters, 
     memos and other documents related to the handling of dikes. 
     
     "We're disappointed," Glen Anderson, an assistant state attorney 
     general who represented the state. "But we're pleased with the jury's 
     decision that the county was not acting as an agent of the state." 
     
     Two jurors, Paul Quevillon of Mill Creek and Sylvia DeZordo of 
     Snohomish, said they and their fellow jurors got through the long and 
     difficult task through much give and take. 
     
     "There was a lot of compromise," Quevillon said. 
     
     He and DeZordo noted that no money was awarded for any claims of 
     decline in property values. 
     
     The biggest award, almost $190,000, went to Summersun Greenhouse Co. 
     
     The timing of all this depends on whether the county follows through 
     with its plan to appeal yesterday's verdicts. 
     
     "They're going to roll the dice on the plaintiffs in the Nookachamps," 
     said Carl Hagens, a Seattle attorney representing the property owners. 
     "Why don't they just take care of these people?" 
     
     Hagens said most of his clients were seeking reimbursement or payment 
     for raising their homes or businesses. 
     
     Will Smart of Seattle was lead attorney for Skagit County. 
     
     It took presiding Judge David Hulbert nearly a half hour to read all 
     of yesterday's verdicts. In several weeks, Hulbert will decide whether 
     the county and state have to pay the plaintiffs' legal fees and court 
     costs. 
     
     The county had spent about $262,000 in legal fees and other expenses 
     to defend itself against the lawsuit as of late April. The actual 
     incurred cost was more than $1.7 million, but insurance companies had 
     paid about $1.5 million of it. Updated figures were not available 
     today. 
     
     The jury met 11 times between May 27 and yesterday, deliberating for 
     about 49 hours total. There was a break of several days because the 
     wife of a juror gave birth. 
     
     The trial began Jan. 7. Closing arguments ended May 23. It is the 
     longest civil trial in Snohomish County history. Dozens of people were 
     called to the witness stand, including nearly all the plaintiffs. 
     
     The trial was conducted in Snohomish County because Skagit County was 
     a defendant in the lawsuit. 

     Copyright 1997 by Skagit Valley Herald.