Facts

In May 2005, Dr. Steven Dinstell and Sarah Dinstell met with representatives Basalite Concrete Products LLC (Basalite) regarding the installation of Basalite concrete blocks. The Dinstells asked the representatives to recommend a contractor who had experience installing the product for retaining walls. The representative suggested Black Diamond Landscape and Design (Black Diamond). Thereafter, the Dinstells contracted with Black Diamond. When the retaining walls failed, the Dinstells sued Basalite and Black Diamond.

The Dinstells settled with Black Diamond for $325,000 before trial.

PLAINTIFF'S CONTENTIONS:
The plaintiffs claimed that Black Diamond lacked a proper license to build retaining walls and that Basalite failed to investigate the qualifications of Black Diamond.

DEFENDANT'S CONTENTIONS:
The defense denied the allegations and asserted that Black Diamond did not have problems in the past. Defendant also argued that there was no duty to the plaintiffs and that California did not recognize the tort of negligent recommendation.

Result

The jury found Basalite was negligent and awarded the plaintiffs $519,000.

Other Information

According to plaintiffs' counsel: The trial court decided that in this case, based on the plaintiff's evidence, that a common law duty of care did, as a matter of fact and law, exist. Plaintiffs' counsel believes that this is likely the first case in California, where a duty was found to exist, under a theory of negligent recommendation, outside medical referrals and causes arising under employment law.

Deliberation

four hours

Poll

10-2

Length

two weeks