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CONFIDENTIAL

Nov. 28, 1998

Construction
Negligent Construction
Single Family Residence

Confidential

Settlement –  $410,000

Judge

Robert E. May

Court

San Diego Superior


Attorneys

Plaintiff

Andrew E. Berman


Defendant

John R. Clifford
(Wilson Elser Moskowitz Edelman & Dicker LLP)

Terry A. Pinnegar

Robert A. O'Connell Jr.


Experts

Plaintiff

Larry J. Gliko
(technical)

Bradford Baker
(technical)

Scott Thoeney
(technical)

Defendant

Mark D. Hetherington
(technical)

Wilmot F. Macklin III
(technical)

Richard English
(technical)

Daniel Steussy
(technical)

Steven A. Coolong
(technical)

Peter S. Curry
(technical)

John S. Rule
(technical)

Facts

The plaintiffs, owners of a single family residence, filed suit in San Diego against the general contractor, concrete subcontractor and the pool subcontractor for alleged negligence arising out of soils movement and an inadequate slab that caused damage to the residence, pool and surrounding hardscape.

Settlement Discussions

Settlement discussions were not disclosed.

Damages

The plaintiffs claimed the cost of repair was $512,795.

Other Information

The settlement was reached approximately one year and 10 months after the case was filed. A mediation was held before Scott Markus, resulting in the reported settlement.


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