Peter Wright, Armano Rascon v. William Beck, William Retallick, Dawn Retallick
Published: Nov. 19, 2005 | Result Date: Jun. 24, 2005 | Filing Date: Jan. 1, 1900 |Case number: CGC04432935 Verdict – $0
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Aaron P. Minnis
(Minnis & Smallets LLP)
Defendant
Kevin K. Cholakian
(Cholakian & Associates)
Experts
Plaintiff
Peggy Kivel
(technical)
Richard J. Devine
(technical)
Vincent A. Marinkovich
(medical)
Defendant
Eric Brown
(Office of the Los Angeles City Attorney)
(technical)
Janet S. Weiss
(medical)
John F. Sampson
(technical)
Peter Goodman
(technical)
Facts
In 1992, Peter Wright and Armando Rascon leased space in a historic building located at 165 Jessie St. in San
Francisco. The owners of the property were William Beck and William and Dawn Retallick. The property in
question was commercial property. In 1993, Wright and Rascon leased another floor in the same building.
They converted this space from commercial use to residential use by constructing a living area and kitchen, and
by installing a washing machine and dryer. Thereafter, Wright and Rascon sued Beck and the Retallicks after a
serious mold problem developed in their unit. By trial, the causes of action that remained were for premises
liability, private nuisance, breach of implied warranty of habitability, and intentional misrepresentation.
Damages
The plaintiffs sought $100,000 in economic damages and $500,000 in non-economic damages.
Injuries
The plaintiffs claimed that the mold exposure caused them to suffer from migraine headaches, rashes, stomach problems, and other ailments. A defense medical expert testified that one of the plaintiff's health problems were actually caused by his pre-existing asthma and tuberculosis as opposed to the mold problem.
Result
The jury returned a defense verdict for the defendants
Deliberation
four hours
Poll
12-0 (intentional misrepresentation), 12-0 (private nuisance), 11-1 (premises liability), 12-0 (breach of implied warranty of habitability)
Length
11 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390