Padilla v. Otay Water District

Summary

In this construction negligence proceeding, plaintiff Joseph Padilla alleged Otay Water District, The Eastlake Company and Bremoc Corporation of being negligent by hooking up the portable water system to a refuse water line in the Eastlake's Fenton Business Center in which the plaintiff had a shop. The plaintiffs counsels claimed that plaintiff and several others suffered injuries due to drinking the contaminated water.

The plaintiff was represented by attorneys Fredrick Taylor and Anthony Dain. The defense in this case comprised of Otay Water District, The Eastlake Company and Bremoc Corporation. Otay water district was represented by attorney Jeffrey Morris. The Eastlake Company was represented by attorney Brian Rowers. Bremoc Construction was represented by attorney William Hoggard.

Outcome

Paul Machitar-Padillia: 25,000
Orlando Monreal: 200,000
Joseph Padilla, Jr.:200,000
Jocelyn Padilla 10,000
Joyce Padilla: 50,000
Joseph Padilla Sr.: 100,000
Fault: Otay-40%, Eastlake-40%, Bremco-20%

Case Information

Attorneys

Witnesses

Plaintiff: Padilla, Joseph
Defense: The Eastlake Company
Otay Water District
Bremoc Construction
Verdict: $585,000

Judge: Timothy Taylor
Jurisdiction: Superior Court of California, San Diego County
Court: Central Courthouse

Case Number: 37-2008-00075173-CU-PO-CTL
Industry: Construction
Practice Area: Negligence

Plaintiff

Padilla, Joseph

Defense

The Eastlake Company

Represented By:
Rawers, Brian (Lewis Brisbois Bisgaard & Smith LLP )

Defense

Otay Water District

Represented By:
Morris, Jeffery (Stutz, Artiano, Shinoff & Holtz )

Defense

Bremoc Construction

Represented By:
Hoggard, William (Horizon Law Group LLP)

Sessions

Attorney
Witness
Witness Expertise
Type
Description

AM Session

Openings

6 Chapters

	Description	Attorney
00:00:00	General Case Activities
00:15:09	Break
00:36:20	General Case Activities
00:56:57	Opening Statement	Dain, Anthony
01:44:36	General Case Activities
01:45:17	End of Session

PM Session

Openings

6 Chapters

AUG

AM Session

Plaintiff Witness(es)

9 Chapters

	Description	Attorney	Witness	Presence
00:00:00	Witness Direct Examination	Dain, Anthony	Watton, Mark	In Person
00:16:09	Witness Cross Examination	Morris, Jeffery	Watton, Mark	In Person
01:03:30	Break
01:22:38	Witness Cross Examination	Rawers, Brian	Watton, Mark	In Person
01:53:34	Witness Cross Examination	Hoggard, William	Watton, Mark	In Person
02:06:40	Witness Re-Direct Examination	Dain, Anthony	Watton, Mark	In Person
02:19:52	Witness Re-Cross Examination	Morris, Jeffery	Watton, Mark	In Person
02:24:06	Witness Direct Examination	Taylor, Frederick	Posada, Rod	In Person
02:43:23	End of Session

PM Session

Plaintiff Witness(es)

9 Chapters

AUG

AM Session

Plaintiff Witness(es)

15 Chapters

AUG

AM Session

Plaintiff Witness(es)

13 Chapters

PM Session

Plaintiff Witness(es)

21 Chapters

	Description	Attorney	Witness	Witness Expertise	Presence
00:00:00	Witness Cross Examination	Rawers, Brian	Gay, Dr. Ted	Epidemiology	In Person
00:51:30	Witness Cross Examination	Hoggard, William	Gay, Dr. Ted	Epidemiology	In Person
01:02:08	Witness Re-Direct Examination	Dain, Anthony	Gay, Dr. Ted	Epidemiology	In Person
01:06:21	Witness Re-Cross Examination	Morris, Jeffery	Gay, Dr. Ted	Epidemiology	In Person
01:07:25	Witness Re-Cross Examination	Rawers, Brian	Gay, Dr. Ted	Epidemiology	In Person
01:11:46	Witness Cross Examination	Morris, Jeffery	Tsaluk, Yefim		In Person
01:32:40	Break
01:51:39	Witness Cross Examination	Morris, Jeffery	Tsaluk, Yefim		In Person
02:00:44	Witness Cross Examination	Rawers, Brian	Tsaluk, Yefim		In Person
02:02:11	Witness Cross Examination	Hoggard, William	Tsaluk, Yefim		In Person
02:04:16	Witness Re-Direct Examination	Dain, Anthony	Tsaluk, Yefim		In Person
02:06:45	Witness Re-Cross Examination	Hoggard, William	Tsaluk, Yefim		In Person
02:08:29	Witness Direct Examination	Dain, Anthony	Roth-Klinger, Debbie		In Person
02:19:19	Witness Cross Examination	Morris, Jeffery	Roth-Klinger, Debbie		In Person
02:22:05	Witness Cross Examination	Rawers, Brian	Roth-Klinger, Debbie		In Person
02:27:36	Witness Cross Examination	Hoggard, William	Roth-Klinger, Debbie		In Person
02:32:23	Witness Re-Direct Examination	Dain, Anthony	Roth-Klinger, Debbie		In Person
02:33:03	Witness Re-Cross Examination	Morris, Jeffery	Roth-Klinger, Debbie		In Person
02:35:18	Witness Re-Cross Examination	Rawers, Brian	Roth-Klinger, Debbie		In Person
02:37:40	Witness Direct Examination	Taylor, Frederick	Monreal, Orlando		In Person
02:56:40	End of Session

AUG

AM Session

Plaintiff Witness(es)

16 Chapters

PM Session

Plaintiff Witness(es)

17 Chapters

	Description	Attorney	Witness	Witness Expertise	Presence
00:00:00	Witness Cross Examination	Rawers, Brian	Shaffer, Robert	Engineering	In Person
00:12:21	Witness Cross Examination	Hoggard, William	Shaffer, Robert	Engineering	In Person
00:29:07	Witness Re-Direct Examination	Dain, Anthony	Shaffer, Robert	Engineering	In Person
00:31:41	Witness Re-Cross Examination	Morris, Jeffery	Shaffer, Robert	Engineering	In Person
00:42:04	Witness Re-Cross Examination	Rawers, Brian	Shaffer, Robert	Engineering	In Person
00:47:31	Witness Re-Cross Examination	Hoggard, William	Shaffer, Robert	Engineering	In Person
00:49:15	Witness Re-Direct Examination	Dain, Anthony	Shaffer, Robert	Engineering	In Person
00:49:47	Witness Direct Examination	Taylor, Frederick	Monreal, Orlando		In Person
01:04:56	Witness Cross Examination	Hoggard, William	Monreal, Orlando		In Person
01:25:32	Break
01:47:58	Witness Cross Examination	Hoggard, William	Monreal, Orlando		In Person
01:50:37	Witness Cross Examination	Morris, Jeffery	Monreal, Orlando		In Person
01:54:01	Witness Re-Direct Examination	Taylor, Frederick	Monreal, Orlando		In Person
01:56:24	Break
01:59:48	Witness Direct Examination	Taylor, Frederick	Padilla, Joseph Jr.		In Person
02:38:19	Witness Cross Examination	Morris, Jeffery	Padilla, Joseph Jr.		In Person
02:55:06	End of Session

AUG

AM Session

Plaintiff Witness(es)

11 Chapters

	Description	Attorney	Witness	Witness Expertise	Presence
00:00:00	Witness Cross Examination	Morris, Jeffery	Padilla, Joseph Jr.		In Person
00:13:53	Witness Cross Examination	Rawers, Brian	Padilla, Joseph Jr.		In Person
00:38:37	Witness Re-Direct Examination	Taylor, Frederick	Padilla, Joseph Jr.		In Person
00:49:14	Witness Re-Cross Examination	Rawers, Brian	Padilla, Joseph Jr.		In Person
00:50:57	General Case Activities
00:51:46	Witness Direct Examination	Hoggard, William	Emmanuel-Cochrane, Joy MD		In Person
01:16:23	Break
01:35:22	Witness Direct Examination	Hoggard, William	Emmanuel-Cochrane, Joy MD		In Person
01:39:09	Witness Cross Examination	Dain, Anthony	Emmanuel-Cochrane, Joy MD		In Person
02:11:34	Witness Direct Examination	Morris, Jeffery	McGuire, Michael Ph.D	Public Health & Safety	In Person
02:48:05	End of Session

PM Session

Defense Witness(es)

13 Chapters

	Description	Attorney	Witness	Witness Expertise	Presence
00:00:00	Witness Direct Examination	Morris, Jeffery	McGuire, Michael Ph.D	Public Health & Safety	In Person
00:36:03	Witness Cross Examination	Dain, Anthony	McGuire, Michael Ph.D	Public Health & Safety	In Person
00:57:50	Witness Re-Direct Examination	Morris, Jeffery	McGuire, Michael Ph.D	Public Health & Safety	In Person
01:05:27	Witness Re-Cross Examination	Dain, Anthony	McGuire, Michael Ph.D	Public Health & Safety	In Person
01:05:59	Witness Re-Direct Examination	Morris, Jeffery	McGuire, Michael Ph.D	Public Health & Safety	In Person
01:06:37	Witness Direct Examination	Taylor, Frederick	Padilla, Joseph Sr.		In Person
01:18:56	Witness Cross Examination	Hoggard, William	Padilla, Joseph Sr.		In Person
01:29:01	Break
01:49:05	Witness Cross Examination	Hoggard, William	Padilla, Joseph Sr.		In Person
01:54:27	Witness Re-Direct Examination	Taylor, Frederick	Padilla, Joseph Sr.		In Person
01:56:01	Witness Direct Examination		Closed Courtroom- Minor Testimony,		In Person
02:33:21	Witness Direct Examination	Taylor, Frederick	Padilla, Joyce		In Person
02:53:55	End of Session

AUG

AM Session

Plaintiff Witness(es)

20 Chapters

	Description	Attorney	Witness	Presence
00:00:00	Witness Direct Examination	Taylor, Frederick	Padilla, Joyce	In Person
00:11:20	Witness Cross Examination	Rawers, Brian	Padilla, Joyce	In Person
00:44:50	Witness Cross Examination	Morris, Jeffery	Padilla, Joyce	In Person
00:53:22	Witness Re-Direct Examination	Taylor, Frederick	Padilla, Joyce	In Person
00:57:53	Witness Re-Cross Examination	Rawers, Brian	Padilla, Joyce	In Person
00:58:46	General Case Activities
00:58:56	Break
01:23:09	Witness Direct Examination	Hoggard, William	Stoffel, Donald	In Person
01:56:34	Witness Direct Examination	Morris, Jeffery	Stoffel, Donald	In Person
02:10:12	Witness Direct Examination	Rawers, Brian	Stoffel, Donald	In Person
02:14:03	Witness Cross Examination	Dain, Anthony	Stoffel, Donald	In Person
02:16:53	General Case Activities		Stoffel, Donald	In Person
02:20:24	Witness Re-Direct Examination	Hoggard, William	Stoffel, Donald	In Person
02:22:59	Witness Direct Examination	Hoggard, William	O'Donnell, Michael	In Person
02:34:55	Witness Direct Examination	Morris, Jeffery	O'Donnell, Michael	In Person
02:36:46	General Case Activities		O'Donnell, Michael	In Person
02:40:51	Witness Cross Examination	Dain, Anthony	O'Donnell, Michael	In Person
02:42:28	Witness Re-Direct Examination	Hoggard, William	O'Donnell, Michael	In Person
02:44:04	Witness Direct Examination	Morris, Jeffery	Charles, David	In Person
02:47:00	End of Session

PM Session

Defense Witness(es)

13 Chapters

	Description	Attorney	Witness	Presence
00:00:00	Witness Direct Examination	Morris, Jeffery	Charles, David	In Person
00:15:52	Witness Direct Examination	Rawers, Brian	Charles, David	In Person
00:18:24	Witness Direct Examination	Hoggard, William	Charles, David	In Person
00:28:35	Witness Direct Examination	Morris, Jeffery	Stalker, Gary	In Person
01:02:40	Witness Cross Examination	Dain, Anthony	Stalker, Gary	In Person
01:20:55	Witness Re-Direct Examination	Morris, Jeffery	Stalker, Gary	In Person
01:30:15	Witness Re-Cross Examination	Dain, Anthony	Stalker, Gary	In Person
01:31:46	Break
01:53:17	Witness Direct Examination	Morris, Jeffery	Seymour, John	In Person
02:17:20	Witness Direct Examination	Hoggard, William	Seymour, John	In Person
02:31:56	Witness Cross Examination	Dain, Anthony	Seymour, John	In Person
02:38:32	General Case Activities
02:39:26	End of Session

AUG

AM Session

Defense Witness(es)

6 Chapters

AM Session

Defense Witness(es)

6 Chapters

PM Session

Defense Witness(es)

8 Chapters

	Description	Attorney	Witness	Witness Expertise	Presence
00:00:00	Witness Cross Examination	Dain, Anthony	Ballon-Landa, Dr. Gonzalo MD	Epidemiology	In Person
00:13:51	Witness Re-Direct Examination	Rawers, Brian	Ballon-Landa, Dr. Gonzalo MD	Epidemiology	In Person
00:25:47	Witness Re-Cross Examination	Dain, Anthony	Ballon-Landa, Dr. Gonzalo MD	Epidemiology	In Person
00:34:07	Witness Re-Direct Examination	Rawers, Brian	Ballon-Landa, Dr. Gonzalo MD	Epidemiology	In Person
00:36:17	Witness Re-Cross Examination	Dain, Anthony	Ballon-Landa, Dr. Gonzalo MD	Epidemiology	In Person
00:38:00	General Case Activities
00:38:29	General Case Activities
00:41:52	End of Session

AUG

AM Session

Closings

5 Chapters

PM Session

Closings

4 Chapters

AUG

PM Session

Verdict

8 Chapters

AUG

Recording Disclaimer: This proceeding was recorded in full.

Padilla v. Otay Water District

Summary

Outcome

Sessions

AudioCaseFiles

Essentials

Training Libraries

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:01:35	Witness Direct Examination	Taylor, Frederick	Posada, Rod	In Person
00:45:15	Witness Cross Examination	Morris, Jeffery	Posada, Rod	In Person
01:16:25	Break
01:35:39	General Case Activities
01:36:38	Witness Cross Examination	Morris, Jeffery	Posada, Rod	In Person
01:56:10	Witness Cross Examination	Rawers, Brian	Posada, Rod	In Person
02:41:30	Witness Cross Examination	Hoggard, William	Posada, Rod	In Person
02:45:51	End of Session

	Description	Attorney	Witness	Presence
00:00:00	General Case Activities
00:01:52	Witness Cross Examination	Hoggard, William	Posada, Rod	In Person
00:22:40	Witness Re-Direct Examination	Taylor, Frederick	Posada, Rod	In Person
00:25:14	Witness Re-Cross Examination	Morris, Jeffery	Posada, Rod	In Person
00:33:42	Witness Re-Cross Examination	Rawers, Brian	Posada, Rod	In Person
00:42:29	Witness Re-Cross Examination	Hoggard, William	Posada, Rod	In Person
00:45:40	Witness Direct Examination	Dain, Anthony	Marple, Douglas	In Person
01:00:35	Witness Cross Examination	Morris, Jeffery	Marple, Douglas	In Person
01:16:32	Break
01:36:58	Witness Cross Examination	Morris, Jeffery	Marple, Douglas	In Person
01:56:22	Witness Cross Examination	Rawers, Brian	Marple, Douglas	In Person
01:58:09	Witness Cross Examination	Hoggard, William	Marple, Douglas	In Person
02:16:31	Witness Re-Direct Examination	Dain, Anthony	Marple, Douglas	In Person
02:18:09	Witness Direct Examination	Taylor, Frederick	Tsaluk, Yefim	In Person
02:40:35	End of Session

	Description	Attorney	Witness	Witness Expertise	Presence
00:00:00	General Case Activities
00:00:43	Witness Direct Examination	Dain, Anthony	Smith, Curtis		In Person
00:15:19	Witness Cross Examination	Morris, Jeffery	Smith, Curtis		In Person
00:56:32	Witness Cross Examination	Rawers, Brian	Smith, Curtis		In Person
01:10:15	Break
01:31:23	Witness Cross Examination	Hoggard, William	Smith, Curtis		In Person
01:39:01	Witness Re-Cross Examination	Morris, Jeffery	Smith, Curtis		In Person
01:42:37	Witness Direct Examination	Morris, Jeffery	Smith, Curtis		In Person
01:43:35	Witness Re-Cross Examination	Rawers, Brian	Smith, Curtis		In Person
01:44:25	Witness Re-Cross Examination	Hoggard, William	Smith, Curtis		In Person
01:45:01	Witness Direct Examination	Dain, Anthony	Gay, Dr. Ted	Epidemiology	In Person
02:09:36	Witness Cross Examination	Morris, Jeffery	Gay, Dr. Ted	Epidemiology	In Person
02:37:38	End of Session

	Description	Attorney	Witness	Witness Expertise	Presence
00:00:00	General Case Activities
00:00:50	Witness Direct Examination	Dain, Anthony	Rosas, Frank		In Person
00:29:47	Witness Cross Examination	Hoggard, William	Rosas, Frank		In Person
00:45:41	Witness Cross Examination	Morris, Jeffery	Rosas, Frank		In Person
01:06:17	Break
01:27:44	Witness Cross Examination	Morris, Jeffery	Rosas, Frank		In Person
01:36:37	Witness Cross Examination	Rawers, Brian	Rosas, Frank		In Person
01:42:37	Witness Re-Direct Examination	Dain, Anthony	Rosas, Frank		In Person
01:54:58	Witness Re-Cross Examination	Hoggard, William	Rosas, Frank		In Person
01:55:33	Witness Re-Cross Examination	Morris, Jeffery	Rosas, Frank		In Person
02:00:45	Witness Re-Direct Examination	Dain, Anthony	Rosas, Frank		In Person
02:02:20	General Case Activities
02:03:37	Witness Direct Examination	Dain, Anthony	Shaffer, Robert	Engineering	In Person
02:16:10	Witness Cross Examination	Morris, Jeffery	Shaffer, Robert	Engineering	In Person
02:22:28	Witness Cross Examination	Rawers, Brian	Shaffer, Robert	Engineering	In Person
02:49:47	End of Session

	Description	Attorney	Witness	Witness Expertise	Presence
00:00:00	General Case Activities
00:01:00	Witness Direct Examination	Rawers, Brian	Ballon-Landa, Dr. Gonzalo MD	Epidemiology	In Person
01:05:19	Break
01:23:43	Witness Direct Examination	Rawers, Brian	Ballon-Landa, Dr. Gonzalo MD	Epidemiology	In Person
01:49:28	Witness Cross Examination	Dain, Anthony	Ballon-Landa, Dr. Gonzalo MD	Epidemiology	In Person
02:13:04	End of Session

	Description	Attorney
00:00:00	General Case Activities
00:38:57	Break
00:55:32	Closing Statement	Dain, Anthony
01:48:25	Closing Statement	Rawers, Brian
02:39:45	End of Session

	Description	Attorney
00:00:13	Closing Statement	Rawers, Brian
00:15:36	Closing Statement	Dain, Anthony
00:46:57	General Case Activities
01:09:03	End of Session

			Description	Attorney	Witness	Witness Expertise	Presence
		00:00:00	General Case Activities
		00:01:55	Reading of the Verdict
		00:14:35	General Case Activities
		00:17:54	Break
		00:23:15	General Case Activities
		00:24:48	Reading of the Verdict
		00:27:38	General Case Activities
		00:34:44	End of Session