Shapira v. Weingarten
Published: Jun. 1, 2002 | Result Date: Mar. 25, 2002 | Filing Date: Jan. 1, 1900 |Case number: 00E08776 Bench Decision – $7,991
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Dale Peterson
(technical)
Facts
The plaintiff contracted to install level, wood-laminate flooring in most of the defendantÆs home. The plaintiff
installed multi-level flooring instead and blended the different levels. The defendant and cross-complainant
refused to pay the remaining half of the home improvement contract because installation was obviously
defective. The defendantÆs guest fell on the threshold and broke her nose.
The plaintiff contended that the multi-level and blended flooring was not hazardous.
The defendant contended that the blending of multi-level floors created a tripping hazard
because the drop was not clearly visible.
Settlement Discussions
At arbitration, Allan Herzlich of EncinoÆs Herzlich & Blum, awarded the plaintiff $608. The cross-complainant offered to settle the $608 but the plaintiff demanded $6,000.
Other Information
The court denied recovery to the plaintiff and awarded $7,990 on the cross-complaint. A motion for attorneyÆs fees is set for May 28, 2002.
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