Lori Hallee v. Franciscan Property Management, LLC, Lincoln Green Homeowners Association and Does 1 through 50
Published: Sep. 10, 2005 | Result Date: Apr. 28, 2005 | Filing Date: Jan. 1, 1900 |Case number: 318393 Verdict – $0
Judge
Court
San Mateo Superior
Attorneys
Plaintiff
Lawrence S. Viola
(Viola Law Firm PC)
Defendant
Samuel L. Phillips
(Borton Petrini LLP)
Todd A. Angstadt
(Phillips, Spallas & Angstadt LLP)
Experts
Plaintiff
John Banta
(technical)
Vincent A. Marinkovich
(medical)
Defendant
Abba I. Terr
(medical)
Janet S. Weiss
(technical)
Joanne O'Connell Whitney
(medical)
Patricia A. Heinsohn
(technical)
Facts
Plaintiff Lori Hallee, a 69-year-old law firm receptionist, lived in a condominium in Lincoln Green Apartments in
Menlo Park. On Jan. 29, 2000, she placed an emergency phone call to management regarding a leak in her
unit. She claimed the leak started in another unit months earlier, but had now taken a turn for the worse.
On Feb. 1, contractors hired by the property manager, Franciscan Property Management LLC and the Lincoln
Green Homeowners Association opened the ceiling in the plaintiff's unit. The origin of the leak was a cracked
copper elbow in the wall cavity adjacent to the unit above her. A plumber repaired the pipe that day. A
restoration contractor set up drying equipment and later returned to replace plaintiff's ceiling.
Settlement Discussions
The plaintiff made a demand of $500,000; the defendants' offer was $50,000.
Damages
The plaintiff claimed her medical conditions caused her to miss some work and forced her to move. She also had to have her personal possessions cleaned or replaced. The plaintiff sought $6,000 in lost wages, $48,000 in property damage, and $21,964 for loss of use of the condominium. She also sought an unspecified amount of pain and suffering damages, calculated at $100 to $200 per day, over a five to 10 year period. The defendants disputed the alleged value she attributed to loss of use of her condominium.
Injuries
The plaintiff claimed the mold caused or exacerbated numerous medical problems, including severe allergies, severe rhinitis, coughing, headaches, labrynthitis, hearing loss, chronic rhinosinusitis, dizziness, and vertigo. Her treating doctor testified that her injuries were caused by mold. The plaintiff sought $24,000 in medical specials. The defendants denied that the mold caused the plaintiff's alleged injuries. They also dispute the necessity of the plaintiff's medical treatment.
Result
The jury found in defendants' favor. Counsel for the property management claimed that jurors did not find plaintiff's doctor's testimony credible.
Deliberation
2.5 hours
Length
12 days
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