Bitter v. Allstate Insurance Company
Published: Feb. 28, 1998 | Result Date: Oct. 10, 1997 | Filing Date: Jan. 1, 1900 |Case number: LCO30391 Verdict – $0
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Wayne Schick
(technical)
Oshin Tosounian
(technical)
Defendant
Robert Hollingworth
(technical)
Facts
The plaintiffs, Steven and Debbie Bitter, owned a home in Woodland Hills which suffered substantial damage in the 1994 Northridge earthquake. The plaintiffs made an insurance claim to defendant Allstate Insurance Company for the damage to the residence in October 1994 after discovering a large crack running the entire length of the concrete slab in their residence. Allstate paid plaintiffs over $50,000 for the damage to their residence but did not pay for repair of the crack in the slab and foundation. The plaintiffs brought this action againsts defendant based on bad faith and breach of contract theories of recovery.
Settlement Discussions
The plaintiffs made a settlement demand for $200,000. The defendant made an offer of $50,000.
Damages
The plaintiffs claimed economic damages of $175,000, plus undisclosed non-economic damages and punitive damages.
Other Information
The verdict was reached approximatley two years and nine months after the case was filed. SETTLEMENT CONFERENCE: A settlement conference was held on Aug. 13, 1997, resulting in no settlement. Per defendant, the trial judge excluded the testimony of plaintiffs' structural engineer after an Evidence Code º402 hearing because the court found that the engineer was not qualified to render opinions about the cause of damage to the slab and foundation. The trial judge also granted a nonsuit as to plaintiffs' claim for punitive damages at the close of plaintiffs' case.
Deliberation
1½ days
Poll
9-3
Length
eight days
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