City Pays Out Judgment to Guthrie

After nearly five-and-a-half years of litigation and appeals, insurers for the City of Mill Valley have paid a judgment of $3.7 million, plus fees and interest, to Lisa Guthrie and her daughter. 

The judgment was initially awarded in 2009 by the Marin County Superior Court for the 2006 mudslide on Hillside Avenue that destroyed the Guthrie home below and killed her husband, Walt Guthrie.

When the California Supreme Court denied review of the city's appeal in July 2011, Guthrie knew that the city had exhausted its options and the suit was finally over. But she was awaiting the payment from the city and its insurer to finally have closure on the tragedy.

In an email today to Mill Valley Patch, Guthrie reported that the payment was finally sent to her attorneys and she expressed relief that “my long-running lawsuit with the City of Mill Valley has finally been settled.” 

Guthrie wrote that it was determined during a two-month trial that the City of Mill Valley was negligent in allowing the slide.  She said that the fill under the roadway on Hillside Avenue liquefied and came crashing down on her home at 70 Bolsa Ave. during a rainstorm in April of 2006.

Walt Guthrie, who was working outside to keep a drainage channel open, was killed when he was buried under 12 feet of mud.

The city was denied review by the Marin County Superior Court and the California Supreme Court. November 18 was the deadline for payment of the award. 

According to Guthrie’s attorney, Alan Mayer of San Rafael, the insurance company asked for and was granted an extension until November 24, but the payment for judgment, which was accumulating with fees and interest, was received on November 22.

“It’s a huge relief for Lisa. It’s a fight that’s gone on for five-and-a-half years,” Mayer said. “She lost her home, her husband and her life.”

Guthrie moved into an apartment in Tiburon shortly after the mudslide and recently sold the property on Bolsa Avenue.  “She’s hopeful of finding a new home and getting on with her life,” Mayer said.

Mayer noted that the other plaintiffs in the suit, neighboring property owners, Douglas Wilson and Peri Ann Wood, were awarded a judgment of $315,000 and had also received their check. The total award for the plaintiffs including fees and interest was in excess of $4.3 million.

“It’s a real pity that it took the city and its insurance company five-and-a-half years to pay,” said Mayer.