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Torts
Property Damage
Negligence

Flinkman v. MPM & Associates

Published: Sep. 20, 2001 | Result Date: Aug. 8, 2001 | Filing Date: Jan. 1, 1900 |

Case number: DUM0002250 Bench Decision –  $265,500

Judge

Paul G. Flynn

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

John T. Blanchard


Defendant

Howard E. Pitchon M.D.


Experts

Plaintiff

John Hake
(technical)

Defendant

Barry Barman
(technical)

Facts

The plaintiff contended that the defendantÆs application of paint to its office building in early 1998 was negligent
because it had not properly prepared the buildingÆs surface and selected a polyurethane paint that reacted
chemically with the underlying alkyd paint, resulting in damage to the entire paint protection system of the
building that rendered the existing surface coating unsalvageable.
The defendant contended that it had properly prepared the buildingÆs surface to receive
the new coat of paint, that there had been no chemical reaction between the two paint products
and that any failure of the buildingÆs paint protection was due to the poor quality of the underlying
paint.

Settlement Discussions

The plaintiffÆs last demand was $175,000. The defendantÆs last offer was $40,000.

Other Information

Judgment for full damages, as requested by the plaintiff, included both cost of repairs and the amount originally paid to the defendant for its work.


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