Facts

The plaintiffs resided in Unit 7. A pipe burst in Unit 8 flooding both units. The defendant had a remediation team clean up Unit 7. Unit 8 did not have any clean up done. The plaintiffs wanted to be relocated due to a smell from Unit 8 and possible exposure to mold.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that the defendants should have relocated them. They were exposed to mold and got sick. They spent $20,000 to medical care and claimed $100,000 in damages to their clothes and furniture. The plaintiff claimed that the defendants low-balled estimates and delayed their investigation.

DEFENDANTS' CONTENTIONS:
The defendants contended that they properly dried plaintiff's Unit and that it was not uninhabitable, and that all benefits were paid.

Settlement Discussions

The plaintiffs made a C.C.P. Section 998 demand of $500,000. The defendants made a C.C.P. Section 998 offer of $50,000 for each plaintiff.

Injuries

The plaintiffs claimed that ALE was owed and that they suffered severe emotional distress from having to stay in their home and due to the lowball offer to repair and due to the delay in the investigation.

Result

Defense verdict.

Other Information

The issue of mold was eliminated from the case during motions in limine.

Deliberation

six hours

Poll

11-1

Length

eight days