Daniel Murray, Betty Murray v. CalFarm Insurance Co.
Published: Jan. 19, 2002 | Result Date: Sep. 21, 2001 | Filing Date: Jan. 1, 1900 |Case number: GIN002661 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Anthony L. Cannon
(Cannon & Nelms PC)
Experts
Plaintiff
Larry Hendrick
(technical)
Robert Ziering
(medical)
Connie Jenkins
(medical)
Defendant
James M. Seltzer
(medical)
James A. Mosier
(technical)
Brian Daly
(technical)
Facts
In 1999, the plaintiffs owned a home in Fallbrook. On July 18, 1999, the water filtration system under the sink
ruptured while the plaintiffs were sleeping and caused extensive water damage to their home. The plaintiffs
submitted a claim to their insurance carrier, CalFarm Insurance Co. CalFarm paid approximately $9,000 on the
claim and sent a cleaning and restoration company, Service Master Inc. to clean the water damage and spray
anti-microbial material in the house. After cleaning and restoration, the plaintiff Betty Murray began to develop
health problems.
The plaintiffs sued CalFarm and Service Master. Service Master settled with the
plaintiffs but the case proceeded to trial against CalFarm.
Settlement Discussions
The plaintiff made an unspecified demand prior to trial in "the high seven figures." The defendant insurance company offered a C.C.P. Section 998 waiver of costs. The plaintiffsÆ counsel asked the jury for an award of $1,850,000.
Damages
Respiratory ailments, toxic poisoning, mold exposure, emotional distress, dizziness, nose bleeds, hearing impairment, bruising and inability to concentrate.
Other Information
The plaintiffsÆ motions for judgment notwithstanding the verdict and for a new trial were denied. CalFarm is seeking costs in the sum of $130,537.
Deliberation
three hours
Length
17 days
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