Facts

Plaintiffs, a family of five, resided in defendants' rental property from July 1, 2007 until March 31, 2009. Over time, plaintiffs contend that the subject property was uninhabitable due to a broken heating system, other conditions that resulted in harmful cold indoor air and a mold-growth problem due to a leaking water heater.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that due to the cold exposure and mold-growth problem, plaintiff Lorena Ramirez developed viral encephalitis and immune complex disease that resulted in a permanent seizure disorder, significant memory loss, and other life-long injuries. Other family members, including three children, developed respiratory and sinus problems due to the uninhabitable conditions.

DEFENDANTS' CONTENTIONS:
Defendants contended that mold found at the property was isolated to an exterior water heater closet that did not ventilate to the indoor environment. Further, defendants' contended that the indoor mold levels were at a minimal level and thus could not have caused or contributed to any illness suffered by plaintiffs. With respect to mold, defendants contended that no medical or scientific literature or cases supported plaintiffs' medical causation theories, and that plaintiff Lorena Ramirez's seizures were idiopathic, and more likely the result of depression and stress, or psychogenic in nature. Defendants also contended that plaintiffs' claim of cold exposure was without merit, and that the alleged indoor ambient temperatures could not have substantially contributed to any illnesses claimed by plaintiffs. Finally, defendants contended they had had no notice of any habitability defects at the subject property prior to plaintiffs' injuries.

Injuries

Permanent seizure disorder and other physical injuries, pain and suffering, and emotional distress.

Result

Verdict of $985,925. Prejudgment interest on CCP 998 offer of $115,057.80. Additional costs to be determined. Defendants' Motion for New Trial pending for reasons of juror averaging/quotient verdict. Specials Awarded: Past Meds: $16,000; Future Meds: $ 261,000; Past LOE: $17,000; Future LOE: $14,000.

Other Information

FILING DATE: Dec. 18, 2008.

Deliberation

four days

Length

three weeks