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Ashland eyes new trial after flood verdict By TONY BOOM ASHLAND - An attorney representing the city of Ashland will seek a new trial after a jury awarded $91,999 to an Ashland couple whose home was damaged during the 1997 New Year's Day flood. Attorney Gerald Warren, speaking on behalf of the city, said he will move today or Monday for a new trial and judgment despite the verdict. Jurors last week found for Tim and Joanne Rutter in a three-day trial that ended May 24 in the Circuit Court of Judge Mark Shively. The couple claimed the city and Mountain Park Development were negligent in not correcting conditions on Marklyn Drive that resulted in mud filling their house at 516 Granite St. during heavy rainfall. The city was held responsible for 70 percent of the award, while Mountain Park is liable for 30 percent. "We will likely appeal if the jury decision is allowed to stand," said Warren, who is with City and County Insurance Services in Salem. "(The decision) was based on emotion and not law." Warren said the drive was built in 1983 and therefore was beyond a 10-year limit to bring a claim for negligence. "They didn't show anything in the 10-year period that showed the city needed to do anything," said Warren. "It's an unfortunate loss for the Rutters, but it's not due to any action or inaction by the city." Attempts to reach Mountain Park Development owner Doug Neuman and the firm's attorney, David Paradis, were unsuccessful. "We are really pleased with the verdict," said Tim Rutter "We were real glad at the time it was over and behind us." Rutter said he's not surprised that the city is going to seek a new trial or appeal the decision. "I think that the jury result was a very substantial vindication for (the Rutters) in what has been a long, hard process," said Lee Werdell, attorney for the Rutters. Werdell said the verdict was probably a compromise because non-economic damages were not awarded, economic damages were reduced and the vote was 9-3. Oregon civil cases do not require a unanimous decision for a verdict. Jurors deliberated for four hours before returning a judgment at 8 p.m. The Rutters had sought $110,000 in economic damages and $50,000 in non-economic damages. Development of the Lithia Park Village above Granite Street had been a source of contention before the flood. Original developer Mark Cooper obtained City Council approval in 1982 despite neighbors' concerns about erosion. City officials stopped the work in 1983 when Cooper didn't build according to plans. In 1993 litigation between Cooper and the city was resolved and development was allowed to continue. Neuman bought the property in 1996 from Cooper. When fill used to create Marklyn Drive broke loose, the Rutters' house was inundated with mud and part of the home's foundation was damaged, according to the plaintiffs. The slide was caused by water that accumulated behind the fill when a culvert on Marklyn Drive became blocked. Reach Ashland bureau reporter Tony Boom at 482-4651, or e-mail [email protected] Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.