84 A.3d 492
D.C.2013Background
- Appellants (Cormier and entities) own five D.C. apartment buildings and sued the District of Columbia Water and Sewer Authority (WASA), claiming WASA supplied excessively corrosive water that caused "pinhole" leaks in aging copper plumbing requiring full replacement.
- Appellants relied primarily on expert Dr. Marc Edwards, who attributed pinhole leaks to a combination of elevated chlorine, aluminum, and pH levels (linked in part to past "clean-and-line" relining of mains) and performed lab "pipe loop" testing that produced a pinhole.
- WASA countered with expert Dr. Steven Reiber, who disputed elevated water-chemistry findings and attributed observed pitting to alternative causes (poor workmanship, erosion, crevice and concentration-cell corrosion) and found only minimal pitting in sampled pipes.
- The bench trial adjudicated negligence, strict liability, and breach of implied warranty claims; the trial court found insufficient proof that WASA caused the leaks and entered judgment for WASA; appellants appealed various evidentiary and sufficiency rulings.
- Post-judgment, WASA sought costs of ~$76k; the trial court awarded $23,714.25 and denied recovery of attorney travel costs; appellants appealed the costs award as well.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exclusion of DeBell residence evidence | DeBell leaks (two blocks away) show same-main water and support causation | DeBell cause disputed; evidence minimally probative and collateral | Trial court did not abuse discretion excluding the evidence; any error harmless |
| Sufficiency at Emerson Gardens | Edwards and Cormier found pinhole leaks at Emerson buildings | Property managers/co-owner denied ongoing leaks; only isolated prior repairs | Trial court reasonably found appellants failed to prove pinhole leaks/damages at Emerson; any error harmless |
| Causation for damages (negligence/strict liability/warranty) | WASA water chemistry (chlorine, aluminum, pH) was excessive and a substantial factor causing pinholes | Multiple alternative causes exist; WASA water met regulatory treatment; experts disputed chemistry and causation | Court’s finding that appellants failed to prove by preponderance that WASA caused corrosive water (thus no causation) was not clearly erroneous; judgment for WASA affirmed |
| Award of costs (including attorney travel & overreaching) | Challenge to specific items (depositions, copying, travel); ask for penalty for WASA seeking large amount | Trial court properly reduced costs; attorney travel not taxable under Rule 54(d)/§1920; no penalty absent misconduct | Costs award affirmed except reduction by $1,859.06 (attorney travel disallowed); no sanction for seeking more costs absent misconduct |
Key Cases Cited
- Cormier v. District of Columbia Water and Sewer Authority, 959 A.2d 658 (D.C. 2008) (prior appellate decision in same litigation altering summary-judgment disposition)
- Crawford Fitting Co. v. J.T. Gibbons, Inc., 482 U.S. 437 (U.S. 1987) (Rule 54(d) discretion limited to items enumerated in 28 U.S.C. § 1920)
- Talley v. Varma, 689 A.2d 547 (D.C. 1997) (taxable deposition and copying costs recoverable if necessary for case preparation)
- Coulter v. Gerald Family Care, P.C., 964 A.2d 170 (D.C. 2009) (discussion of trial court discretion in awarding costs)
- Stone v. Alexander, 6 A.3d 847 (D.C. 2010) (standard of review for admissibility and relevance of evidence)
- Claytor v. Owens-Corning Fiberglas Corp., 662 A.2d 1374 (D.C. 1995) ("substantial factor" legal causation test)