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CONFIDENTIAL

May 18, 2002

Torts
Real Property
Toxic Exposure

Confidential

Settlement –  $25,000

Judge

Joe D. Hadden

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Brad J. Landon


Defendant

Diana Marsteiner

Jeffrey Kaplan

Harpeet Walia

Tim J. Harris

Alan Dodd Rosen


Experts

Plaintiff

James Craner
(medical)

Facts

The plaintiff purchased her residence in May 2000. Immediately afterwards, she developed skin
lesions, respiratory difficulties, joint pain and constant headaches. Her business fell off due to
repeated medical visits and fatigue. During construction work, a subfloor was removed revealing
black mold, later determined by the plaintiff to be stachybotris. Defendant V and Defendant I
examined the residence before the sale and found no mold. Defendant engineer had inspected
the residence after the plaintiff had become ill but had determined that nothing was wrong.

Settlement Discussions

The plaintiff demanded $400,000 from Defendant V at settlement. A settlement was reached with all parties except the sellers.

Specials in Evidence

Unspecified

Damages

The cost of remediation was in excess of $100,000 (sterilization of personal property and mold removal). The plaintiff contended she had loss of earnings in excess of $400,000, past and future medical expenses, and an increased susceptibility to cancer.

Other Information

Settlement with Defendant I was $8,500 and $25,000 with Defendant V.


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