Published: Saturday, Jul. 18, 2009
Tab for putting feces in neighbor's water tank: $230,000
Creston man loses civil case after spending time in prison for polluting neighbors’ water supply with human waste
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closeA man who sued his neighbor for putting feces in his water tank in Creston four years ago has been awarded more than $230,000.
County Superior Court Judge Teresa Estrada-Mullaney handed down her decision late last month against 55-year-old Ralph Anthony Yates in favor of James Cross, who’s 44.
In 2005, after two months of unexplained illness, Cross said he spotted Yates poised over his above-ground water tank at his home on Random Canyon Road off Huer Huero Road.
When he arrived at the tank, Cross said he found feces floating in the water — two bundles wrapped in paper and a plastic freezer bag filled with human waste and toilet paper.
Cross claimed the contamination caused him to become infected with E coli, a type of bacteria linked to sewage-contaminated water.
The $230,695 judgment includes Cross’ medical expenses, compensation for work loss, punitive damages and general compensation for harm inflicted.
Court documents show that Yates filed paperwork in May to dismiss his Los Angeles-based private attorney, Charles P. Charlton, so that he could legally represent himself.
Then Yates didn’t appear at his trial set for June 22, records show, which may have led to a higher monetary judgment against him, according to lawyers involved with the case.
Charlton said he thought he could have defended the case well if he had been given the opportunity.
“I’m disappointed that I couldn’t be at the trial,” Charlton said. “I thought it was a defensible case, and I think that’s a big judgment for what injuries existed.”
Court documents show that Charlton represented Yates from 2007 until May, when his client let him go.
Charlton wouldn’t say why Yates made the decision to drop him, citing ethical duty not to disclose information about his client’s discussions with his lawyer.
“I would like to say that I think Jeff Radding did a great job,” Charlton said. “I compliment him for getting that kind of money.”
For the same incident, Yates was convicted in criminal court in 2006 of the felony crime of placing a harmful substance in a water supply.
Yates served about two years in prison.
Cross’ attorney, Jeffry C. Radding, said that his client and Yates were working together on a fence around the time that the contamination occurred.
But Charlton says that his former client didn’t see eye to eye with Cross about the fence.
“Cross’ intent was to block a road, and it was not something that was agreed to by Mr. Yates,” Charlton said. “It could have been the precipitating event to cause poor Ralph to wind up in prison.”
But Radding said that regardless of the fence situation, it didn’t justify Yates’ actions.
“Nothing on the planet could justify what he did,” Radding said.
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