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Personal Injury
Premises Liability
Mold

Sylvia Valenzuela, Juan Valenzuela, Michelle Valenzuela, Ashley Valenzuela v. Homestead Homeowners Association, et al.

Published: Dec. 21, 2004 | Result Date: Aug. 13, 2004 | Filing Date: Jan. 1, 1900 |

Case number: TC016600 Verdict –  $163,900

Judge

Rose Hom

Court

L.A. Superior Compton


Attorneys

Plaintiff

Jonathan D. Winters
(Law Office of Jonathan D. Winters)


Defendant

Marlon D'Oyen
(Clinton & Clinton Attorneys at Law)

David A. Clinton
(Clinton & Clinton )


Experts

Plaintiff

Judy Goalwin
(technical)

Patrick S. Moffet
(technical)

Jean H. Su
(technical)

Thomas C. Hoffman
(technical)

Kenneth T. Kim
(medical)

Defendant

Ben Kollmeyer
(technical)

Jonathan Corren M.D.
(medical)

Brian P. Jacks
(medical)

Facts

Four members of a family were the victims of mold infestation resulting from a burst pipe. The plaintiffs had purchased a condominium and experienced flooding as a result of a burst pipe. They reported it to the defendants. The defendants' delayed repairs resulted in mold infestation in the unit. The plaintiffs' home was damaged and the family had to evacuate due to illness. The plaintiffs were Sylvia Valenzuela, 30, Juan Valenzuela, her husband, 30, and their two children, Ashley, 4, and Michelle, 2. Homestead Homeowners Association and Castle & Cottages Property Management Company contended that the seller, the plaintiffs and an outside mold remediation company were responsible.

Specials in Evidence

$25,000 for all plaintiffs

Damages

$52,000 for property damage

Injuries

Ashley suffered asthma and reactive airway disease. Michelle suffered aggravation of pre-existing asthma. Sylvia suffered severe emotional distress, post-traumatic stress disorder and irritation from mold. Juan suffered irritation from mold.

Result

$127,000 to Sylvia Valenzuela; $19,000 to Michelle Valenzuela; $17,900 to Ashley Valenzuela. Rossmoyne Inc. settled for $50,000. Homestead Homeowners Association and Castles & Cottages Property Management Company settled for $86,002 to Juan Valenzuela only.

Deliberation

two days

Poll

12-0

Length

18 days


#116933

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