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01/31/2007 15:38 7198460159 <br />I <br />.ti <br />~~ <br />JIM TATUM <br />:THIRD JLIDICIA[, lJ157~ <br />PAGE 05 <br /> <br />entered on December 1;1997; Tatums prevailed an their . <br />`, subsidence claim ~nd were git~en a j-adgtnetlt aii the amount of <br />$48,t)OO.tJO. <br />_.: 3 - ~ This case wes commenced im February 2001 and its sale claim <br />is for clanages resulting from additional subsddenec. <br />4. ~ Deft:n,dant oWmed and operated an underground coal mind <br />operation during the years 1981 to ] 993 under tbe name and <br />style of R'yoming Fuel Cotnpaay. The :nine worlangs are <br />' located approximately 25 miles west of Trinidad, Colorado. <br />V~ryoming Fuel Company changed its name in 1991 to Basin <br />Resources, lnc. Defendant, at all tirri,~ relbvaat to these I <br />• proceedings, optra4ed the coal mining' activity near and udder <br />t],e Tatums' property. One vndcr~,rourd mine working area <br />--.. was ]orated approximately 1600-1,700 feet northeast of the <br />Tatum dwelling. ~AnothCr wars located approximately 300 feet <br />__ southwest ot'theTatum dwelling. ' <br />S. Defendant satisfied the ~~8,OGO.t)D to Plalxatiffs !Torn the first <br />• ••-- - - - -lawsuit by payment. Defendant has denied. an}~ liability for a <br />second incidcncc of subsidence and b2s therefore not <br />.compensated }'laintiffs for amy pordan of the claitxie~d additaanai <br />or stparate subsidence damage.:... <br />6. lay a preponderance of e~idenec at tr.'al, Plaintiffs Have <br />established thAt a second or subsequent incident of coalmine <br />subsidence has occurred since December 1, l 997; that hits <br />matcrisaly damaged their dwelling and reduced its-va]Uei. The <br />- second or subsequent incident of coal iziiitirg subsidence and <br />resulting damages occuxred.besween.2-3. y':~rs after the initial <br />'~ subsidence incident and. contittuec ta:this.day..Ncw damage ' <br />I .occurred to the ~livelling since December ].,.199'1, as well,as the <br />reappearance'of damage to areas of the home damaged iri tlte_ <br />~ first incident aad~ repaired by the Tatums: The damagge to the <br />Tatum dwelling.is of a kind caused big coal, mine subsidence. <br />_ - , There is a likelihood that st~hcidence damage w771 continue in <br />- the future. ,.......:. ..._.... <br />- -,, 7: Subsidence damage io the Tatum dwelling was evidettt'izt <br />r~,_......._. ... <br />- -~ . ;--- ----' --various locations both oa the exterior and-llitenor of the Tatum <br />~. _, <br />~.. ~ r - _divcl]iiig:~ Dsisiage was also c~idenrin atXl;Bround;the,patio; <br />`"`~`' - courtyard waIl~, and garage Severe sttuctti=al damageIwas <br />- -~.. ~ 'cspacSaily c~ydent-and included aeiiiregsrons ofthe i]oo1` is the <br />~~ ~~-~.- .-----,._..--.rock roam, separatioa.af walls, and twisting rrroyementJ of <br />