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    • CONFIDENTIAL

    May 20, 2000
    Verdicts and settlements
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    Construction
    Strict Liability
    Negligence

    Confidential

    Settlement –  $424,500

    Court

    Alameda Superior


    Attorneys

    Plaintiff

    Clinton A. Johnson


    Defendant

    Steven W. Shumway

    Raymond L. MacKay
    (Office of the Alameda County Counsel)

    Paul R. Geissler

    Mark T. Guerra

    James L. Crew

    Donald Mattos


    Experts

    Plaintiff

    Ken Klien
    (technical)

    Richard Lawson
    (technical)

    Defendant

    Jerry P. Acker
    (technical)

    Facts

    PlaintiffÆs home sustained significant water damage due to major leaks. PlaintiffÆs bought the house five
    years after it was built. The exterior insulation and finish system (EIFS) was improperly installed.

    Settlement Discussions

    The plaintiffs demanded $700,000. The defendants offered $150,000. There were multiple mediation sessions.

    Damages

    Roof replacement, $45,000; interior repairs and dislocation costs $140,000; remove and replace EIFS, $250,000; plus expert fees, attorney fees and interest.


    #103075

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