Court of Appeal in Wroclaw I Civil Division composed of:
Presiding Judge: SSA Ewa Barnaszewska (spr.)
Judges: SSA Małgorzata Lamparska, SSA Janusz Kaspryszyn
having recognized on October 12, 2020 in Wrocław at the hearing
the case from the action of K. K. – representing a group of residents: [data 132 persons]
against the Municipality of K. – President of the City of K. and County of K. – Starost of K.
for determination
as a result of the plaintiff’s appeal against the judgment of the District Court in Opole dated August 11, 2016, ref. no. I C 123/14:
I. amends the appealed judgment in such a way that it establishes joint and several liability of the defendants for the increased damage caused to the plaintiffs’ property in connection with causing an increase in the level of inundation of the areas inhabited by the plaintiffs as a result of the flood on the Oder River on May 18 and 19, 2010. And awards the defendants jointly and severally in favor of the plaintiffs’ group the amount of PLN 79,921 in litigation costs, as well as the amount of PLN 27,100 in expenses paid in advance for the opinion of the Team of Experts (…) at the (…) Council of the Federation of Technical Associations (…);
II. orders the defendants jointly and severally to pay to the plaintiffs’ group the amount of PLN 69,480 of the costs of the appeal proceedings;
III. orders the defendants to pay jointly and severally to the State Treasury – Court of Appeals in Wroclaw the amount of PLN 20,334.70 as expenses incurred.