Wise v. Otay Water District (San Diego, California)

For 15 months, Amy Wise and Angela Mason used treated sewage water as their drinking water at their candy store in Chula Vista — not by choice, but because two water lines in Otay Water District had been crossed by mistake. They sued Otay Water District, as well as the contractors and sub-contractors used to construct the water system, requesting over $1 million in damages, including harm from the illnesses caused by the treated sewage water and the subsequent emotional distress.

Procopio’s Anthony Dain, representing the plaintiffs, argued that the owners of the Candy Boutique had suffered severe distress as a result of suffering from cramps, nausea, vomiting, and diarrhea multiple times over the 15 months. Further, he argued that the publicizing of the case led to the plaintiffs suffering from emotional distress as a result of the community considering them ‘contaminated.’   

“For the 15 months…the plaintiffs had to be exposed to the pathogens in that water…and for the months and months and months of anger, frustration, humiliation, and mortification that they had to suffer for something that htey were not at fault for, we’re going to ask for money damages. That’s all we can do,” Dain said.

Jeffery A. Morris, representing Otay Water District, argued that the link between the illnesses and the water was questionable, though he acknowledged that the water was not intended for ingestion. “The act of microwaving would kill any bacteria [in the treated sewage water],” Morris said. “The using of soap…the act of drying their hands will kill most of the bacteria.” 

Further, he noted that one of his witnesses, a doctor, “could not see any of the complaints related to the water as opposed to some other cause.” 

The jury awarded the plaintiffs $1,145,000 in damages, finding Otay Water District responsible for 45 percent of the damages, Eastlake Company for 45 percent, and Bremco for 10 percent.

CVN webcast Wise v. Otay Water District live.

CVN will provide a live webcast of Gillette v. OneBeacon Insurance, an insurance liability case involving environmental remediation costs and defense costs associated with groundwater contamination resulting from the release of solvents at a former Gillette manufacturing facility in Santa Monica, California.

The trial will be heard in Boston, before Hon. Judge Christine Roach. The defendants, OneBeacon Insurance, SPARTA Insurance, and Northern Assurance, like Gillette, are all headquartered in Massachusetts. The plaintiff claims coverage under primary comprehensive general liability, umbrella, and excess liability policies.

In the underlying claim, the California Regional Water Quality Control Board (CRWQCB) and the City of Santa Monica alleged that a PaperMate ball point pen factory located at 1681 26th St., in Santa Monica, released solvents during cleaning and degreasing operations that contaminated the Olympic Well Field, which is used as a source of drinking water by the City of Santa Monica.

In its complaint, Gillette claims to have submitted more than $14.5M in covered but unpaid defense, investigation, and indemnification costs, with additional costs anticipated.

CVN will webcast Gillette v. OneBeacon live.