Centennial v. Lee Roofing Costa Mesa Inc.
Published: Oct. 22, 2002 | Result Date: Aug. 28, 2002 | Filing Date: Jan. 1, 1900 |Case number: 01CC03311 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Mark C. Vanderslice
(technical)
William Clune
(technical)
Defendant
Steve McKibban
(technical)
Jay Rosenthal
(technical)
Facts
The case is a subrogation suit wherein the plaintiffs were claiming damages for monies paid to their insureds for
water damage in their commercial building in Newport Beach. The damage occurred on the second day of the
re-roofing project wherein the defendant had removed the original roof, pending complete replacement. The
defendant roofer did not cover the roof to protect from water intrusion. When he left the job site on the
afternoon of July 7, 1999 there was no forecast of rain in the Newport Beach area but rain was forecast in the
surrounding areas.
In the early hours of July 8, 1999 a sudden and unanticipated thunderstorm took place. It
rained 3.5 times harder than the meteorological definition of "heavy rain" for approximately ten
minutes. The rain water entered the building through the exposed roof. This caused damage to
the Vallejo Maritime Art Gallery and The Newport Beach Veterinary Hospital.
Settlement Discussions
The plaintiffs submitted a demand of $682,439, plus interest and costs, resulting in a total of $862,439. The plaintiffs indicated a willingness to waive interest accrued to date and costs.
Damages
Because of the expensive nature of the contents of the building, the insurance companies paid out $682,439 in damages and claimed approximately $180,000 in interest.
Other Information
There is presently a declaratory relief action pending by the insurer of Lee Roofing denying indemnity coverage for the water damage.
Deliberation
two hours
Poll
12-0
Length
six days
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