Facts

Ann Gillotti sued Eugene Stewart and Knotty Bear Development Inc. in relation to a home they had constructed. She also sued Rick Gerbo, the grading and underground utilities contractor, and the sole proprietor of William Davidson Construction, the estate of William Davidson, which built the foundations, framing, siding, decks and door/window installation.

Stewart later filed for bankruptcy, and Knotty Bear did not appear at trial. As a result, default judgments were entered against them. The matter proceeded against Gerbo and Davidson.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that in 2005, she bought a home for $1.1 million. The home was built by Eugene Stewart and Knotty Bear Development Inc., and allegedly contained numerous violations of residential construction standards. In addition, during the construction of the home, a large tree on the property was killed. Gillotti argued that Davidson and Gerbo violated numerous construction standard codes while working on the house, and killed a tree by covering up its roots.

DEFENDANT'S CONTENTIONS:
Gerbo and Davidson denied that there were any violations of construction standards, and also argued that they were not responsible for any defects in the house.

Damages

Gillotti sought a total of $414,000 for the various defects.

Result

The jury found that the home failed to meet numerous construction standards. However, it also found in favor of Gerbo, finding he had not acted negligently, and was not responsible for any of the problems with the home. The jury ordered Davidson to pay $84,131. A default judgment against Knotty Bear totaled $386,758. In total, Gillotti recovered $470,889.

Other Information

Plaintiff Gillotti has filed an appeal from the judgment and from rulings on post-trial motions.

Deliberation

1.5 days

Length

six days