Edward McDonald, Elizabeth Johnson v. USAA
Published: May 20, 2003 | Result Date: Dec. 23, 2002 | Filing Date: Jan. 1, 1900 |Case number: GIC784272 Verdict – $5,880
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Lanetta D.W. Rinehart
(Law Offices of Lanetta D. W. Rinehart)
Defendant
Experts
Plaintiff
Ralph Godfrey
(technical)
Patrick J. Moffett
(technical)
Defendant
Gregory C. Kane
(technical)
Colin Young
(technical)
Edward J. McKinnon
(technical)
Steven C. Wright
(technical)
Facts
The plaintiffs owned a residence in Coronado. The main house and guest house suffered separate water damage (the guest house in August 1999 and the main house, in September 2000). Separate claims were made to the defendant for the water damage and the alleged resulting mold growth in both structures. The plaintiffs sought contract benefits for water damage, mold remediation, damage to unscheduled personal property and additional living expenses. The plaintiffs moved from the main residence (the plaintiff, Elizabeth Johnson's son was living in the guest house) to a hotel. The plaintiffs moved back to the main house in late 2002. The plaintiffs sued five defendants for negligence and settled with all but USAA.
Settlement Discussions
At an initial mediation before Michael Roberts in July 2002, the defendant was willing to offer a package of contract benefits and new money totaling approximately $280,000. At a second mediation before James Roberts in November 2002, the defendant offered $200,000.
Damages
USAA stated that plaintiffs were owed nothing additional and that no mistakes were made on the claim.
Result
In addition to the confidential settlements and an additional amount of $240,000 that had been paid prior to trial, the jury returned a verdict for the plaintiffs on breach of contract claim for $5,880 and the court awarded $36,024 in costs. Jury verdict for the defendant on bad faith. Punitive damage claim, and causes of action for negligence, conspiracy, fraud and constructive fraud were disposed of on nonsuit or directed verdict motions.
Other Information
The plaintiffs settled with all other defendants prior to trial in confidential amount. The plaintiffs motion for new trial is pending.
Deliberation
one day
Poll
10-2 (for plaintiff on breach of contract), 11-1 (for defense on bad faith)
Length
12 days
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