Confidential
Settlement – $205,000Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
Brian K. Stewart
(Collins, Collins, Muir & Stewart LLP)
Facts
The defendant homeowners engaged the defendants, general contractor and surveyor, to re-surface a private road above the plaintiff's commercial building. The commercial building housed the plaintiff's plumbing business. The plaintiff alleged that during a rainstorm, water, mud and debris flowed off the road and damaged his property and business. The plaintiff brought this action against the defendants based on negligent construction and premises liability theories of recovery.
Settlement Discussions
Per the plaintiff, the plaintiff made a $205,000 settlement demand and the defendants offered the same. Per the defendants, the plaintiff made a settlement demand in excess of $300,000 to these defendants, which was decreased to $150,000 on March 4, 1996 at mediation. The remaining settlement in the amount of $55,000 came from earlier settlements with other defendants not identified herein. Per the defendants, the two defendants/cross-defendants who did not own contiguous properties offered the plaintiff $8,500 to settle which was rejected and they thereafter paid $1,250 of the settlement.
Damages
The plaintiff claimed damages to real property and pesonal property, loss of business profits and loss of rents.
Other Information
The settlement was reached approximately two years and ten months after the case was filed. A mediation was held on March 4, 1996 before Howard J. Thelin of J.A.M.S resulting in the settlement the morning of the first day of trial.
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