Laserfiche WebLink
,~,'~,.,.~,,~. ---, c]Y-.1~2 ? 3j 36YM ;THIRD Jl!DICIAI, DIST~ -_ _, ,.- DyG. &S. jd 3 <br />entered on December 1; 1997; Tatums prevailed on their <br />subsidence claim and ware given a jadgment in the amount of <br />$48,000.00. <br />3. This case was commenced in Febtvary 200] and its sole claim <br />is for damages resulting from additional subsidence. <br />4. Defendant owned and operated an underground coal mine <br />operation during the years 198] to 1993 under the name and <br />style of'Vr'yoming Fuei Co:r!pany. The mine workings are <br />located approximately 25 miles west of Trinidad, Colorado. <br />t>,~yoming Fuel Company changed its name in 1991 to Basin <br />Resources, ]ne. Defendant, zt al) times relevant to these <br />proceedings, operated the coal mining aciiviry near and under <br />the Tatums' property. One underground mine working area <br />was located approximately ]b00-1700 feet northeast of the <br />Tatum dwelling. Another was located approximately 300 feet <br />southwest of the Tatum dwelling. <br />'. Defendant satisfied the $48,000.00 to Plaintiffs from the first <br />lawsuit by payment. Defendant has denied any liability for a <br />second incidence of subsidence and has therefore not <br />compensated Plaintiffs for any portion of the claimed additional <br />or separate subsidence damage. <br />6. By a preponderance of evidence at trial, Plaintiffs have <br />established that a second or subsequent incident of coal mine <br />subsidence has occurred since December J , ] 99', that has <br />materially damaged their dN~elling and reduced its value. The <br />second or subsequent incident of coal mining subsidence and <br />resulting damages occurred between 2-3 years after the initial <br />subsidence incident and continues to this day. New damage , <br />occurred to the dwelling since December 1, ] 991, as well as the <br />reappearance of damage to areas of the home damaged in the <br />first incident and repaired by the Tatums. The damage to the <br />Tatum dwelling is of a kind caused by coal mine subsidence. <br />There is a likelihood that subsidence 6amage will continue in <br />the future. <br />7. Subsidence damage to the Tatum dwelling was evident in <br />various locations both on the exterior and interior of the Tatum <br />dwelling. Damage was also a•ident in and around the patio, <br />courtyard walls, and garage. Severe structural damage was <br />especially evident and included depressions of'thc floor in the <br />rock room, sepazation of walls, and twisting movement of <br />