Judge rules against Burbank in man’s squirrel-damage claim

A judge last week ruled in favor of a man who filed a claim against Burbank for a second incident in which a squirrel chewed on aluminum wiring, causing a power surge that damaged electrical equipment.

After a hearing Wednesday at the Glendale courthouse, Los Angeles County Superior Court Judge Laura Matz granted Jon Buxer his entire claim: $1,745, plus $50 for additional costs incurred.

On April 14, 2010, a squirrel chomped through an electrical grounding wire that runs from a power pole to the house, which triggered a power surge that damaged electrical equipment in the Lincoln Street house owned by Buxer.

The animal wasn’t electrocuted because the grounding wire doesn’t carry electricity. But when that wire is severed, it can cause a surge of energy in the wires that do supply power, damaging appliances.

It is the second time Buxer has taken the city to court over squirrel-related electrical damage at the house he owns in the 900 block of North Lincoln.

A similar incident occurred in 2009, prompting Buxer to file a claim against the city. He later won the case in small claims court, but the city appealed. Buxer won the appeal, and the city had to shell out $4,800.

In the 2010 incident, the power surge damaged the garage door opener, heating/air conditioning system, lighting fixtures and electrical outlets.

At issue was Buxer’s argument that the city could have prevented the damage by replacing aluminum wires with more durable copper.

Most such damage, officials agree, can be prevented with a tree guard — basically a piece of split PVC piping — around the insulated wires that carry voltage and the grounding wire. The city installed a tree guard after the second incident but not after the first one.

In an affidavit, Buxer’s tenant, Georgina Cordova, described what happened when she turned on the lights April 14, 2010: “The lights got really bright, they went dim and I heard a pop, pop, pop in the appliances. The outlets started sparking like they were going to catch fire.”

After the 2009 surge, Buxer had instructed Cordova and two roommates to quickly turn off the main power switch if another incident occurred. She did so.

Ann Lozano, Burbank’s liability claims coordinator, testified Wednesday that the city placed a tree guard around the grounding wire by Buxer’s property after the 2010 incident. But Matz asked why the city hadn’t done more to prevent squirrel damage after the surge in 2009.

Lozano said the city didn’t have a reason to believe it would happen again. When a squirrel chewed through the grounding wire in 2010, however, city officials decided the problem could recur and installed a tree guard, she said.

Buxer told Matz he was frustrated that the city wouldn’t settle, particularly because the 2010 incident was so similar to the one in 2009.

“This is such a waste of time and resources,” he said.

mark.kellam@latimes.com