Fourth District Court Of Appeal Affirms Conroy Simberg Trial Victory In Private Nuisance Case
Posted in Verdicts and Settlements on March 30, 2018
In the case of Pickett v. Hummel, the Fourth District Court of Appeal affirmed a defense verdict in a private noise nuisance case. The case was tried by partner Michael Paris and associate Stephan Greco, and handled on appeal by partner Diane Tutt, all from the firm’s Hollywood office.
The lawsuit was brought by one neighbor against another, who both reside in a multi-million dollar exclusive community in Boca Raton. The plaintiff contended that our clients’ outdoor equipment - four air conditioners, a pool pump and an irrigation pump -were so loud that the plaintiff’s blood pressure would rise and he could not sleep. All of the defendants’ equipment was originally installed by the builder and there were no modifications. At trial Mr. Paris and Mr. Greco convinced the judge that the defendants’ use of their property was not unreasonable and that the plaintiff had unique sensitivities to sound.
This was a contentious case from start to finish. In the five years of litigation before it went to trial, there were multiple mediations and offers to compromise by the defendants, but the plaintiff was unwilling to do so. The plaintiff even rejected an offer of compromise made after the case was on appeal. The plaintiff wanted all the equipment moved to the other side of the defendants’ home and would not consider anything less.