Robinson v. U.S.

• Decision Date: 20 November 2001
• Docket Number: No. Civ. S-00-1628FCDPAN.,Civ. S-00-1628FCDPAN.
• Citation: 175 F.Supp.2d 1215
• Parties: Rodney ROBINSON, Linda Robinson, and Daniel Timko, Plaintiffs, v. UNITED STATES of America, Defendant.
• Court: U.S. District Court — Eastern District of California

175 F.Supp.2d 1215

Rodney ROBINSON, Linda Robinson, and Daniel Timko, Plaintiffs, v. UNITED STATES of America, Defendant.

No. Civ. S-00-1628FCDPAN.

United States District Court, E.D. California.

November 20, 2001.

COPYRIGHT MATERIAL OMITTED

Darin P. Wright, Lewiston, CA, for Plaintiffs.

John K. Vincent, U.S. Atty., Kendall J. Newman, Asst. U.S. Atty., David T. Shelledy, Asst. U.S. Atty., Sacramento, CA, for Defendants.

MEMORANDUM AND ORDER

DAMRELL, District Judge.

Plaintiffs Rodney Robinson, Linda Robinson, and Daniel Timko (collectively referred to as "Plaintiffs") brought an action under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 2671 through 2680 against Defendant United States of America ("the Government"). Plaintiffs allege that agents and employees of the Government negligently allowed a prescribed fire started on the Government's property to escape onto the property occupied by the Plaintiffs, thereby causing Plaintiffs to suffer emotional distress and damages to their personal property. This matter is before the court on cross-motions for Summary Adjudication of Issues pursuant to Rule 56 of the Federal Rules of Civil Procedure.¹ The Government seeks an order from this court that Plaintiffs are not entitled to emotional distress damages as a matter of law and that the proper valuation of Plaintiff's personal property allegedly damaged is market value. The Plaintiffs seek a determination that they are entitled to emotional distress damages as a matter of law and that the proper valuation of their damaged or destroyed personal property is peculiar or sentimental value. For the reasons set forth below, this court finds that the Plaintiffs are not entitled to recover emotional distress damages and that the proper valuation of Plaintiffs' personal property is market value. Defendant's motion for summary adjudication will be granted and Plaintiff's cross-motion for summary adjudication will be denied.

BACKGROUND

On July 2, 1999, the Bureau of Land Management ("BLM"), a division of the United States Department of the Interior, started on government property, which is commonly known as "Lowden Ranch," a prescribed burn in order to rid the area of noxious weeds. The Government's agents attempted to control and contain the fire. Nevertheless, as a result of the negligence of the Government, the fire spread beyond Lowden Ranch and spread over 2,000 acres. Eventually, the fire consumed 23 houses in and around Lewiston, California (including residence occupied by the Plaintiffs as leasehold tenants), damaged dozens of other properties, and generated more than 350 claims for compensation under the FTCA.²

Plaintiff Daniel Timko, the son of Plaintiff Linda Robinson and stepson of Plaintiff Rodney Robinson, was seventeen years old and resided with his mother and stepfather at the time of the fire. Timko was at a location two miles from the Plaintiffs' home when he learned of the fire. Upon learning of the fire, Timko drove back to the Plaintiffs' home, passing through an area where he saw embers falling on the road. After Timko arrived home, Plaintiffs were informed by a local law enforcement officer that they had ten minutes to gather their belongings. After receiving this advisory, Plaintiffs gathered some belongings before evacuating their property.

After Plaintiff Rodney Robinson evacuated his home, he returned to his home in order to attempt to save a car in the garage from the fire. The fire resulted in severe damage to real and personal property possessed by the Plaintiffs, including destroying their house, pool, shop, other outbuildings, and acres of landscaping. Plaintiffs were not physically injured as a result of the fire nor did they see a close relative physically injured.

Plaintiffs claim that they have suffered emotional distress resulting from (1) fear for their own safety during the fire; (2) fear for the safety of family members whose whereabouts were unknown during and immediately after the fire; (3) loss of real property they possessed as leasehold tenants; (4) loss of personal property, including items in which Plaintiffs placed great personal value; and (5) the manner in which the Government has questioned, disputed, and refused to pay their claims. Plaintiffs also claim that damages for certain items of personal property which were destroyed as a result of the fire. These items of personal property include items in which Plaintiffs placed a great deal of sentimental value. For example, one of these items is a wedding dress which had belonged to Plaintiff Linda Robinson's grandmother. Other destroyed items include Little League trophies, school art projects, and Plaintiff Linda Robinson's diary. While some of the destroyed items for which Plaintiff is claiming damages have a market value, others have little or no market value.

STANDARD

The Federal Rules of Civil Procedure provide for summary adjudication when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c). One of the principal purposes of the rule is to dispose of factually unsupported claims or defenses. Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

In considering a motion for summary judgment, the court must examine all the evidence in the light most favorable to the non-moving party. United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 8 L.Ed.2d 176 (1962). If the moving party does not bear the burden of proof at trial, he or she may discharge his burden of showing that no genuine issue of material fact remains by demonstrating that "there is an absence of evidence to support the non-moving party's case." Celotex, 477 U.S. at 325, 106 S.Ct. 2548. Once the moving party meets the requirements of Rule 56 by showing there is an absence of evidence to support the non-moving party's case, the burden shifts to the party resisting the motion, who "must set forth specific facts showing that there is a genuine issue for trial." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Genuine factual issues must exist that "can be resolved only by a finder of fact, because they may reasonably be resolved in favor of either party." Id. at 250, 106 S.Ct. 2505. In judging evidence at the summary judgment stage, the court does not make credibility determinations or weigh conflicting evidence. See T.W. Elec. v. Pacific Elec. Contractors Assn., 809 F.2d 626, 630-31 (9th Cir.1987) (citing Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986)). The evidence presented by the parties must be admissible. Fed. R.Civ.P. 56(e). Conclusory, speculative testimony in affidavits and moving papers is insufficient to raise genuine issues of fact and defeat summary judgment. See Falls Riverway Realty, Inc. v. City of Niagara Falls, 754 F.2d 49, 57 (2d Cir. 1985); Thornhill Publishing Co., Inc. v. GTE Corp., 594 F.2d 730, 738 (9th Cir. 1979).

ANALYSIS

Plaintiffs brought this action against the Government under the FCTA. The FCTA provides, "[t]he United States shall be liable, respecting the provisions of this title relating to tort claims, in the same manner and to the same extent as a private individual under like circumstances but shall not be liable for interest prior to judgment or for punitive damages." 28 U.S.C. § 2674. The FCTA serves as a limited waiver of sovereign immunity allowing the Government to be held liable in tort to the same extent as a private individual. Since the acts complained of in this case occurred in California, the applicable tort law is California tort law.

Plaintiffs assert two causes of action — negligence and trespass. Plaintiffs seek damages for emotional distress arising out of both negligence and trespass and damages for personal property.

The Government admits that its negligence caused the fire to escape from Lowden Ranch. However, the Government contends that Plaintiffs are not entitled to emotional distress damages. First, the Government argues that California Health & Safety Code §§ 13007 and 13008 limit Plaintiffs' recovery to damages to property alone. Second, the Government contends that even if sections 13007 and 13008 do not provide such a limit on Plaintiffs' recovery, Plaintiffs are cannot recover for emotional distress arising out of trespass absent intentional wrongdoing. Thirdly, the Government claims that the Plaintiffs are not entitled to emotional distress damages under any of the theories for liability premised on negligence.

Plaintiffs argue that the proper valuation of their destroyed personal property is the peculiar value placed upon these items by the Plaintiff. The Plaintiff claims that it should be able to offer evidence of this peculiar value at trial.

The Government contends that the proper valuation of Plaintiffs' personal property that was destroyed in the fire is market value.

1. California Health & Safety Code §§ 13007 and 13008

As an initial matter, this court must determine whether California Health & Safety Code §§ 13007 and 13008 limit Plaintiffs to recovery for damages to property only.³ The Government contends that sections 13007 and 13008 do place such a limit on Plaintiffs' damages. The Plaintiffs say that these code sections are not meant as a ceiling on damages resulting from an escaped fire but, rather, as a floor.

Plaintiffs argue that California law treats statutory remedies like sections 13007 and 13008 as additions, rather than deductions from, Plaintiffs' general protection against negligent harm provided for in California Civil Code section 1714.⁴ Plaintiffs maintain that nothing in either section explicitly precludes them from pursuing personal injury claims against defendant. Furthermore, they state...