Carolyn Phinney v. Patrick Maroney, Gayle Maroney
Published: Feb. 23, 2005 | Result Date: May 11, 2004 | Filing Date: Jan. 1, 1900 |Case number: C0003603 Verdict – $7,500
Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
Richard T. Bowles
(Bowles & Verna LLP)
Defendant
Experts
Plaintiff
Steven J. Geller
(technical)
Robert H. Rogers
(technical)
Ernest Isaacs
(medical)
Defendant
Carl Bahor
(technical)
Phillip Gregory
(technical)
Facts
Carolyn Phinney owned a home next door to that of Patrick and Gayle Maroney. The Maroneys had hired day laborers to maintain their property. The laborers trimmed ivy from Phinney's driveway area and removed an azelia shrub near the property line. Phinney's home was uphill from the Maroney property.
Settlement Discussions
Phinney demanded $100,000, plus an agreement by the Maroneys that they sell their home, or $500,000 if they refused to sell. Patrick Maroney offered $5,000.
Specials in Evidence
$5,000 for counseling
Damages
Phinney claimed diminution of value to her home of at least $150,000 because of California's disclosure requirements. She also claimed that she would have to spend more than $55,000 to repair the driveway. She also claimed to have suffered severe emotional distress.
Result
The jury found for Phinney and awarded her $7,500 in noneconomic damages against Patrick Maroney. The jury returned a verdict in favor of Gayle Maroney.
Deliberation
3.5 hours
Poll
11-1
Length
nine days
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