Karin Greier v. State Farm General Insurance Company
Published: Oct. 1, 2005 | Result Date: Jul. 7, 2005 | Filing Date: Jan. 1, 1900 |Case number: CGC03421492 Verdict – $254,417
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Robert A. Schwartz
(Schwartz & Deutsch LLP)
Philip R. Soderquist
(Soderquist Law Offices)
Defendant
Sandra E. Stone
(Pacific Law Partners LLP)
Experts
Plaintiff
Douglas E. Hudson
(technical)
Gilbert J. Malmgren
(technical)
Defendant
Mark Kelly
(technical)
Peter S. Evans
(technical)
Facts
Plaintiff Karin Greier was living in a condominium in San Francisco when her kitchen flooded on Oct. 15, 2002. The backed-up kitchen sink caused damage, including a mold condition. The plaintiff moved out of her unit while the repair work and remediation of the mold were performed. She was out of her condo from Jan. 2, 2003 to July 2004. The plaintiff sought reimbursement for her living expenses through the condominium owner's insurance policy with defendant State Farm General Insurance Co. She received some reimbursement. However, repair work was halted when a common-area corroded drainpipe was discovered in her wall. The defendant stopped paying out on her claims for living expenses.
Settlement Discussions
The plaintiff made a demand of $80,000; defendant's offer was $20,000.
Damages
The plaintiff claimed that her out-of-pocket costs related to the repairs and her displacement, beyond what defendant covered, amounted to $21,835. She testified as to the inconvenience she suffered from staying at friends' homes during the repair work. She sought unspecified damages for emotional distress.
Result
The jury returned a verdict in favor of the plaintiff. It awarded her $21,835 for breach of contract and $75,000 for emotional distress. The Court granted the plaintiff's motion for attorney's fees of $153,174 and prejudgment interest of $4,407. The plaintiff's total award was $254,417.
Other Information
The plaintiff brought a separate action against the homeowner's association and Chandler Properties, the property manager, which settled prior to trial. The plaintiff's counsel's motion in limine to have the settlement amount withheld from the jury was granted. The trial judge denied the defendant's motion for a new trial, and motion for an equitable set-off of the amounts previously paid by State Farm to the plaintiff, as well as denying a set-off of the amounts the plaintiff received in her settlement with the homeowners' association and property manager.
Deliberation
four hours
Poll
12-0 (breach of contract), 12-0 (bad faith), 3-9 (punitive damages)
Length
13 days
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