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- entered on December 1, 1997, TatumS.prevailed on their .,:= : ~ :: ~•. ; . subsidcucc cJaim.and wcrc ivcn s~udgma,nt in the amount-pf'` g - 00. ' ~; ~ F , $48;000 , ; 3 , , . ~., r Tliis cast was co~zurienced n~Fobluary ?001;anS Aa avla clarna- ~ , ~ '..r `~ ;~ , tsfor'damages resulting from additional auhsdeiace ; ~' ' ' 4. :, , . , . befendant owned and upcraled su uuilcrgruuncl coal inane, -' r~~ operation during the years 1981 Eo 1993 under the name and ~~ '~' - s ]e' of W omin Fuel Com an .The mine wozlcin .s are ~ ~ ''`"""~ `~ tY Y g p Y g k ,a ,, ks located approximately 25 miles west of Trinidad, Colorado Wyoixzing Fuel Company changed its n~.me in 1991" to Balm ~ '. ~~' Resources, Inc. Defendant, at all times relevant to these proceedings, operated the coal mining agtivity near and under. II the Tatums' property. One underground mine working.area - waslocated approximately 1fiU0-1700 feet northeast;of the _ :. : Tatum dwelling. Another was located approximately300 feet: . southwest of the Tatum dwelling. '_ 5. - Defendant satisfied the $48,000.00 to Plaintiffs from the $rst =: ` ~ lawsuit by payment. Defendant has denied any liabilityfora ,,. second incidence of subsidence and has therefore not ., compensated Plaintiffs for any portion of the .claimed additional....: ....:.:; . . or separate subsidence damage. , .... . 6. By a preponderance of evidence at trial, Plaintff,_s Kaye..., _ -- ~ -' - established that a second or subsequent incident of coal mine. subsidence has occurred since Decemb 'r 1, 1997; that has - materially damaged their dwelling and deduced its;value:' The - ~- second or subsequent incident of coal mining subsidence and~- resulting damages occurred between 2-3 years after the initial ` .:';; subsidence incident and continues to this day. Nevv damage occurred to the dwelling since December 1, 1997; as well as the reapliearance of damage to areas of the home damaged inthe -.. first incident and repaired by the Tatums. The damage to the Tatum dwelling is of a kind caused by coal mine subsidence. There is a likelihood that subsidence damage will enntinne in the future. 7. Subsidence damage to the Tatum dwelling was evident in various locations both on the exterior and interior of the Tatum ' dwelling. 17amage was also evident in and around the patio, courtyard walls, and garage. Seveze str~5ctural damage was especially evident and included depressions of the floor in the rock room, separation of walls, and twisting movement of 80 3~JCd Wflltll WIP 655097865E 0055 L00Z/6Z/E0