John Sciacca recently prevailed at trial on behalf of his client regarding a lawsuit involving claims of trespass by water, trespass, and declaratory relief regarding easement rights. The adverse party at trial claimed that John’s client had made modifications to her property in Granite Bay that caused water to flow onto plaintiff’s property which then caused flooding. The adverse party further claimed that John’s client did not have the right of a prescriptive easement regarding the roadway that was situated primarily on the adverse party’s property.
At trial, John was able to present evidence that the roadway at issue had been used for more than 10 years by John’s client without any permission. Furthermore, John established that even the prior owner of the adverse party’s property understood that the roadway at issue was a prescriptive easement for the benefit of John’s client. Through the use of a land surveyor, John established that there was no deeded easement for this roadway. This prevented the adverse party from continuing to access John’s client’s property just north of where the roadway ended.
Furthermore, John was able to present evidence through a geo tech expert that a large water shed existed just north of the adverse party’s property. Due to the delineations and contours of the property just north of the adverse party’s property, water flowed from the north directly onto the adverse party’s property. This caused the southern portion of the adverse party’s property to flood. It was established through the use of John’s geo tech expert that flooding from the adverse party’s property actually flooded onto John’s client’s property and damaged the prescriptive easement.
Furthermore, the adverse party alleged that John’s client should have been responsible for a tree falling on John’s client’s property which ended up landing on the adverse party’s property. However, John was able to establish that there was no prior knowledge on the part of his client that the tree was in such a condition that it would fall. As such, John’s client was not found responsible for any damage done from the tree falling from John’s client’s property onto the adverse party’s property.
John’s client defensed all causes of action presented by the adverse party in this litigation. John’s client was also awarded more than $10,000 in costs arising out of the litigation. The adverse party filed an appeal, but it was denied by the appellate court.
In addition to personal injury defense litigation, John also has extensive experience involving real property disputes which include claims of easements and novel theories of trespass. In addition to personal injury claims, John has also tried to verdict cases involving insurance coverage, defamation, and libel. John has also now prevailed on three appeals presented either post-trial or post-dispositive motion.