Bruno Fanelli v. Joseph Posladek, dba JRP Plastering
Published: Sep. 26, 1998 | Result Date: Jun. 17, 1998 | Filing Date: Jan. 1, 1900 |Case number: N074436 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
J. Lynn Feldner
(Murchison & Cumming LLP)
Experts
Plaintiff
David Brotherton
(technical)
Defendant
Vince Lombardo
(technical)
Virgil Hamblin
(technical)
Gil Miranda
(technical)
Facts
On Oct. 28, 1996, Larry Montini of Montini Construction, a general contractor, hired defendant J.R.P. Plastering owned by defendant Joseph Posladek to apply plaster to a single family custom home owned by the plaintiff, in a "light mission" style for $24,200. After the second layer of plaster was applied, the plaintiff was dissatisfied. The plaintiff took a hammer and put holes in the plaster throughout the house. J.R.P. Plastering provided a bid to repair the holes made by plaintiff and do changes the plaintiff wanted. The bid was not accepted. The plaintiff hired experts from the Associated Plastering and Lathing Contractors to give their opinions and recommendations. The expert prepared a report with recommendations for reworking the plaster to achieve the light mission style of the model home the plaintiff had selected. J.R.P. Plastering did a sample color finish wall to show the finished product and how it would match the model home. The plaintiff did not accept the sample color finish wall. The plaintiff hired another plaster company and ended up tearing off all the lath and plaster applied by J.R.P. Plastering up to the roof line and relathing and replastering. The plaintiff then brought this action against the defendant based on breach of contract and negligence theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $90,000. The defendant made an offer of $2,700.
Damages
The plaintiff claimed $126,000 in damages.
Other Information
The verdict was reached approximately one year and three months after the case was filed.
Deliberation
six hours
Poll
9-3
Length
four days
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