Al Friss v. Jack Lowery dba Jack Lowery Construction, et al.
Published: Aug. 12, 1995 | Result Date: Jul. 26, 1995 | Filing Date: Jan. 1, 1900 |Case number: LC020293 – $120,700
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Orla Jensen
(technical)
Patrick G. McNamara
(technical)
David J. Murray
(technical)
William Dalziel
(technical)
Steven L Miller
(Steven L Miller PLC)
(technical)
Defendant
Steven Provenghi
(technical)
Jack Lowery
(technical)
E. Douglas Schwantes
(technical)
Facts
In 1986, Plaintiff Al Friss bought a hillside home from seller Gary Yoshinobu. The purchase price was $168,000. Defendant Jack Lowery had built the main geodesic-dome house from 1982 to 1984; Defendants Howard Schultz and Richard Vaugier designed and built an addition from 1985 to 1986. On and after February 11, 1992, the house sustained damage.
Settlement Discussions
Plaintiff contends he made a 998 demand of $98,000 to Lowery; pretrial demands of $80,000 to Lowery personally and to his carrier; and Lowery's carrier offered $10,000 before trial.
Damages
Plaintiff allegedly paid $133,000 to repair the house and addition, including installing new drainage systems, imbedding the foundations into bedrock and correcting retaining walls. Plaintiff claimed reimbursement of his cost of repair plus lost use of his property for a total of $155,000 (minus a claimed deduction of $26,300 for addition repairs). Defendant Lowery claimed no damages were attributable to his work.
Other Information
Plaintiff settled with Yoshinobu, Vaugier, and Schultz at a VSC for $16,750. The Court deducted the settlement amounts from the verdict for a net total judgment against Lowery of $103,950.
Deliberation
1.5 hours
Poll
10-2
Length
5 days
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