Adam Bonnici, Andrea Bonnici, Christina Bonnici, Nicole Bonnici v. Forecast Corporation
Published: Jan. 19, 2005 | Result Date: Oct. 28, 2004 | Filing Date: Jan. 1, 1900 |Case number: RIC361721 Verdict – $0
Judge
Court
Riverside Superior
Attorneys
Plaintiff
Andrew D. Weiss
(Law Offices of Andrew D. Weiss)
Defendant
Victoria L. Ersoff
(Riley, Ersoff & Shakhnis)
R. Gregory Amundson
(Wood, Smith, Henning & Berman LLP)
Experts
Plaintiff
Roger T. Nuttall
(technical)
Connie Jenkins
(technical)
Robert N. Hamburger
(medical)
Defendant
Bruce J. Kelman
(technical)
Stephen Wasserman
(medical)
Benjamin Frishberg
(medical)
Facts
The plaintiffs lived in a single family home in Menifee. The house was built in 1989. In April 2001, the plaintiffs discovered a water immersion resulting from a failed pipe buried in the slab of their house. Other defects were also found, including a defective chimney cap, leaking windows and roof leaks. The family sued the defendant, the developer and builder of the house.
Settlement Discussions
The plaintiffs demanded, during trial, $80,000. Six months prior to trial, the defense made a C.C.P. Section 998 offer of $9,000.
Damages
The plaintiffs relocated from their home while it went through extensive remediation and remodeling. They sought damages for medical expenses, pain and suffering and damages for expenses incurred during relocation.
Injuries
Andrea Bonnici claimed that she suffered from epileptic seizures, tumor growths, endometriosis, depression, migraine headaches, Meniere's disease, gastro intestinal disorders, rhinitis, sinusitis and other allergic symptomology. Adam Bonnici complained of headaches, rashes, allergies and depression. Christina and Nicole complained of headaches and allergic symptomology.
Result
A nonsuit was granted on the first day of trial as to the nuisance cause of action. The court tentatively granted defendant's nonsuit for the entire action, but took the matter under submission. Just prior to the case going to the jury, Judge Tranbarger denied the nonsuit. The jury found that any alleged defects were not the cause of the plaintiffs' injuries and damages. It also found that there was no evidence that the pipe was defective at the time it had been installed by the builder.
Other Information
The defense will file a motion for costs.
Deliberation
25 minutes
Poll
11-1
Length
three weeks
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390