Confidential
Settlement – $325,000Court
Orange Superior
Attorneys
Plaintiff
Jeffrey A. Milman
(Hodes Milman Ikuta LLP)
Richard E. Quintilone II
(Quintilone & Associates)
Experts
Plaintiff
Anne Barnes R.N.
(medical)
John T. Chiu
(medical)
John J. Flynn III
(technical)
Joe DeCarlo
(technical)
Matthew C. Clark
(Chain Cohn Stiles)
(medical)
Joseph C. Spurgeon
(technical)
Defendant
Sheldon L. Spector
(medical)
Ben Kollmeyer
(technical)
James F. Lineback M.D.
(medical)
Robert S. Griswold CPM
(technical)
Richard F. Clark Jr.
(medical)
Richard D. Dauben
(medical)
Anthony Salazar
(technical)
Facts
In January 1993, a homeowners' association, the defendant Roe, entered into a property management agreement with a property management firm. This agreement required the property management firm to provide counseling and advice to the association's board of directors and its committees and to inspect and maintain the common facilities. In 1997, the plaintiff family (The Does) leased an attached condominium from the owners. They initially noticed moisture intrusion which was remedied by the homeowners' association and its subcontractors in 1998. In March 2000, the plaintiffs discovered extensive mold. They notified the homeowners' association, both verbally and in writing. It was not until July 2000 that they vacated the premises after the association paid for a certified industrial hygienist (forensic analytical) to test the premises. The plaintiffs' personal property was remediated thereafter on Sep. 12, 2000 through Oct. 2, 2000 in the amount of $22,000. Thereafter, a lawsuit was filed alleging, inter alia, negligence, breach of the implied warranty of habitability, negligent maintenance of premises, etc.
Settlement Discussions
After two mediations, the parties finally resolved the case, settling in the amount of $325,000.
Specials in Evidence
$146,772 (DOE A); $55,627 (DOE B) $45,000 (DOE B) $25,000 (DOE A) alleged future medical expenses in the seven figure range pursuant to a life care plan
Damages
Property damage in the amount of $359,000.
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