Opinion
Case No: 3:09-cv-00713-RCJ-RAM.
August 4, 2011
THOMAS MIRCZAK, ESQ., Nevada Bar No. 2126, CISNEROS CLAYSON MARIAS, Reno, NV, Attorneys for Defendant, KING CONSTRUCTION, INC.
ORDER GRANTING MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT
Based upon Motion made by Defendant, KING CONSTRUCTION, INC., by and through its attorney, THOMAS MIRCZAK, ESQ., of CISNEROS CLAYSON MARIAS, upon the papers and pleadings on file in this matter, and the hearing held thereon, the Court now enters its findings of facts, conclusions of law and judgment as follows:
1. This case arises from a breach of the Truckee Canal in Lyon County, Nevada, on January 5, 2008.
2. A Complaint for Damages was filed against numerous Defendants.
3. Plaintiffs are owners of residential property situated in Fernley, Nevada.
4. Plaintiffs claim that they suffered damages resulting from the flood waters that came from the breach of the Truckee Canal on January 5, 2008.
5. Plaintiffs allege that the January 5, 2008 flood in Fernley, Nevada was due to the inadequate maintenance and operation of the Canal, among other reasons. They further assert that the flood consequences were "exacerbated" by the City of Fernley and the County of Lyon because of "intentional indifference" to requiring the contractors and builders of the residential subdivision to construct infrastructure that would minimize the damage caused by flooding in the event the floodwaters entered the subdivision where Plaintiffs' homes were located.
6. Plaintiffs also assert that the flood consequences were exacerbated by the "errors and omissions" in constructing various elements, including Rolling Meadows subdivision improvements, houses, Jenny's Lane crossing, and the "Knuckle" at Wrangler Road and Wagon Wheel, committed by the Defendants, as well as allegations of misrepresentations made on the sale of Rolling Meadows properties.
7. KING CONSTRUCTION, INC. was a subcontractor hired to complete excavation work at the Rolling Meadows subdivision. KING CONSTRUCTION, INC. also completed work at Jenny's Lane and the "Knuckle".
8. An amicable global settlement of this matter has been reached among the Plaintiffs and most parties to this case.
9. The Settlement Agreement provides that KING CONSTRUCTION, INC. shall pay the sum of $162,500.00 in exchange for a complete release from the instant action and all pending actions as listed in the Motion.
10. KING CONSTRUCTION, INC. had insurance that provided coverage for any of the pending actions.
11. The amount paid by KING CONSTRUCTION, INC. will be allocated to the Rondy class pursuant to calculations to which KING CONSTRUCTION, INC. was not in privy, but the sum paid is in consideration for the global settlement of all claims and is reasonable.
12. KING CONSTRUCTION, INC. continues as a viable business entity although its business has been drastically reduced because of the economic downturn.
13. There is no evidence or allegation that this settlement is fraudulently, collusively or tortuously aimed at injuring non-settling Defendants.
14. The Court grants approval of the Global Settlement Agreement.
15. The Court finds that the settlement agreement is made in good faith.
IT IS SO ORDERED.