Laserfiche WebLink
entered on December 1, 1997, Tatums prevailed on their <br /> subsidence claim and were given a judgment in the amount of <br /> $48,000.00. <br />3. This case was commenced in February 2001 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 1981 to 1993 under the name and <br /> style of Wyoming Fuel Company. The mine workings are <br /> located approximately 25 miles west of Trinidad, Colorado. <br /> Wyoming Fuel Company changed its name in 1991 to Basin <br /> Resources, Inc. Defendant, at all times relevant to these <br /> proceedings, operated the coal mining activity near and under <br /> the Tatums' property. One underground mine working area <br /> was located approximately 1600-1700 feet northeast of the <br /> Tatum dwelling. Another was located approximately 300 feet <br /> southwest of the Tatum dwelling. <br />5. 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 1, 1997, that has <br /> materially damaged their dwelling 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, 1997, as well as the <br /> reappearance of damage to areas of the home damaged in the <br /> f rst 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 damage 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 evident in and around the patio, <br /> courtyard walls, and garage. Severe structural damage was <br /> especially evident and included depressions of the floor in the <br /> rock room, separation of walls, and twisting movement of <br />