Ray Malgradi, Renee Malgradi v. Lawrence J. Moglia
Published: Oct. 25, 2014 | Result Date: Jun. 27, 2014 | Filing Date: Jan. 1, 1900 |Case number: MSC12-02803 Verdict – Defense
Facts
Ray Malgradi and Renee Malgradi filed a lawsuit against Lawrence Moglia.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that after they constructed a pool and outdoor entertainment center in the backyard of their home in 2004, defendant began to constantly harass them. Plaintiffs alleged that defendant harassed them by, among other things, directing bad language towards them and their guests and slamming doors and windows, and fanning smoke from defendant's barbecuing that caused a nuisance. Defendant also lassoed plaintiffs' grill and tied it to the fence. Plaintiffs also alleged that after they moved out of their home in 2011, they rented the property to two sets of tenants. Both sets complained of harassment from defendant. Plaintiff's further argued that code violations were not the issue of fact and alleged that defendant also had code violations.
Plaintiffs brought causes of action for nuisance, interference with contract, and intentional infliction of emotional distress.
Damages
Plaintiffs alleged $264,900 in total damages based on defendants conduct, including past and future general damages, nuisance damages, damages for past interference with a contract, and future economic damages for psychotherapy and medication.
Injuries
Plaintiffs claimed emotional distress.
Result
The jury returned a defense verdict on all of plaintiffs' claims, finding that defendant's conduct constituted a nuisance, but was not a substantial factor in causing plaintiffs' harm.
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