Maria-Elena Garcia v. Frank McHugh
Published: Sep. 3, 2011 | Result Date: Aug. 31, 2010 | Filing Date: Jan. 1, 1900 |Case number: BC399615 Settlement – $1,000,000
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Evan A. Berman
(Berman Berman Berman Schneider & Lowary LLP)
Experts
Plaintiff
Richi Manchanda
(medical)
Gregory P. Wingerd
(technical)
Facts
Frank McHugh purchased the subject property, a residential apartment building, in 1995. Prime West Management managed the property from November 2008 through January 2010.
Maria-Elena Garcia and several other tenants, including minors, were tenants in the building. According to plaintiffs, they suffered from rashes, insect bites, allergies, foot fungus, oral fungus, asthma, and emotional distress as a result of the building's substandard condition. They sued McHugh and Prime West for tortious breach of the warranty of habitability, breach of the covenant of quiet enjoyment, nuisance, intentional infliction of emotional distress, negligent infliction of emotional distress, negligent maintenance of premises, unfair business practice, and harassment.
Result
The parties reached a $1 million total settlement where each nine minor plaintiffs set to receive $52,289.
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