Confidential
Settlement – $392,500Court
Orange Superior
Attorneys
Plaintiff
William M. Paoli
(Paoli & Purdy, PC)
Court B. Purdy
(Paoli & Purdy, PC)
Defendant
Edward R. Leonard
(Tyson & Mendes LLP)
Experts
Plaintiff
John T. Chiu
(medical)
Andrew Puccetti Ph.D., CIH
(technical)
Joseph W. DeCarlo
(technical)
Defendant
Sherwin Gillman
(medical)
Facts
In 2000, 48-year-old Joanne Miller moved into the Palm Garden Apartments in Fullerton with her 22-year-old son, Ryan Miller, and five-year-old daughter, Allison Miller. Miller's five-year-old niece, Haley Smith, was also a frequent visitor at the apartment. Three months after moving in, the Millers began experiencing frequent instances of water intrusion that resulted in mold growth, dust mites and a musty odor. At that time, the Millers' health began to get progressively worse. In 2003, the Millers moved out of the apartment complex and sued the owner, Palm Garden Apartments Limited Partnership, and the property manager, Apartment Management Consultants LLC. The Millers and Smith alleged causes of action for negligence, private nuisance, breach of implied warrant of habitability, implied covenant of quiet enjoyment and intentional infliction of emotional distress.
Settlement Discussions
Apartment Management Consultants contributed $17,500 to the settlement and Palm Garden Apartments Limited Partnership paid the rest.
Specials in Evidence
$5,000 (Joanne Miller); $1,500 (Ryan Miller); $7,500 (Allison Miller); $7,000 (Hayley Smith) $50,000 (Joanne Miller); $75,000 (Ryan Miller); $100,000 (Allison Miller); $150,000 (Hayley Smith)
Damages
The plaintiffs claimed unspecified damages for loss of use, property loss and punitive damages.
Injuries
The plaintiffs claimed they developed respiratory problems that included allergic sensitization, rhinitis and asthma as well as other symptoms. They were treated with allergy medications and were monitored for their conditions during their tenancy. They also claimed that they suffered from emotional distress.
Result
After mediation with retired Judge Russell Bostrom, the plaintiffs settled for $392,500. Apartment Management Consultants contributed $17,500 to the settlement and Palm Garden Apartments Limited Partnership paid the rest.
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