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CONFIDENTIAL

Aug. 13, 1994

Breach of Contract
Condominium Development
Asbestos

Confidential

Settlement –  $325,000

Court

L.A. Superior Central West


Attorneys

Plaintiff

Gilbert L. Purcell
(Brayton & Purcell)

Patrick A. DeBlase
(DeBlase Brown Eyerly LLP)


Defendant

Thomas C. Corless

Raymond T. Cullen


Experts

Plaintiff

Robert Simonson
(technical)

Richard Cohen
(medical)

Arnold R. Brody Ph.D.
(technical)

David H. Groth
(medical)

William E. Longo Ph.D.
(technical)

Richard L. Hatfield
(technical)

Facts

Plaintiff is the owner of a 677-unit condominium complex development comprised of 3 circular, 16-story towers and a 3-story promenade structure running along one mile of shore in a marina. The development was constructed between 1971 and 1974. The construction included the application of asbestos-containing "popcorn" ceiling texture throughout the complex. The ceiling material was manufactured by the Defendants. When the asbestos was determined to exist in the ceiling texture and create dust, contaminating Plaintiff's building and creating a health hazard, Plaintiff undertook the abatement of the materials.

Settlement Discussions

Plaintiff contends the settlement discussions were confidential.

Damages

Associated asbestos abatement costs of approximately $1,300,000.

Other Information

This settlement was reached after 9 days of trial at the conclusion of Plaintiff's case in chief and prior to Defendants' presenting their defense.

Length

9 days


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