Webster Wins Wetsuit
By Dave Ciccoricco - The Old Recorder
Larry Webster can finally finish repairing his basement. Last week in Boulder District Court a jury awarded Webster $380,000 in damages against defendants Robert Boone and Lyons Excavating, Boone's company. Webster filed the lawsuit August 18, 1995 after flooding rains devastated his home on 4th Avenue. The lawsuit claimed that Boone's construction on the land just up the hill from Webster altered the historical drainage route, hence opening the flood gates on his home, so to speak.
Webster's attorney David Sanderson said the trial spanned the full week for which it was scheduled, and the jury delivered their decision at 7 p.m. on Friday.
"The Boones' lawyers put on a very aggressive defense," Sanderson said, who tried the case with his associate Jeffrey Gard.
The jury found Robert Boone and Lyons Excavating liable on all five claims contained in the lawsuit. Three of the claims involved negligence, and the others were trespass and private nuisance. Webster will receive $190,000 in economic damages, and another $190,000 in noneconomic damages, according to Sanderson.
Robert Matthews, an attorney with Chrisman, Bynum & Johnson, handled the defense for Boone, while Lyons Excavating employed a separate attorney, John Rodman, for its defense. So far, neither attorney has filed an appeal.
Robert Boone, however, did address the Town Board at Monday's meeting to express his concern about future liability. He said that the town should study the area to determine his liability in regard to the surrounding property.
"I just lost a huge lawsuit," Boone said. "I don't want it to happen again."
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