Palmia Community Association v. J.F. Shea Company Inc.
Published: Feb. 15, 2005 | Result Date: Oct. 21, 2004 | Filing Date: Jan. 1, 1900 |Case number: 00CC03484 Verdict – $159,062
Facts
The subject suit is an action brought by the homeowners association for a project known as The Heights at Palmia concerning allegations of defects with respect to certain common areas of the project. UDC Homes Inc. settled with the Palmia Community Association. Included in the plaintiff's complaint were allegations of defects with respect to the masonry walls, v-brow ditches and wrought iron fencing. UDC was the builder/general contractor for the Heights of Palmia. UDC hired Jasper to supply and install complete masonry walls, v-brow ditches and wrought iron fencing for a number of lots at The Heights of Palmia.
Settlement Discussions
Jasper rejected settlement demands prior to trial ($136,000) and through trial. Pre-verdict demand was $225,000.
Result
After post-trial motions, total judgment was $396,162 (including fees and costs).
Other Information
Motion for new trial by Jasper was denied. Motion for prejudgment interest filed by UDC Homes was granted in part. Motion for attorney fees and costs was granted - fees and costs set at $200,000. Motion to tax was granted in part, denied in part.
Deliberation
two days
Poll
12-0 (breach of contract), 11-1 (express indemnity), 11-1 (breach of warranty)
Length
three weeks
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