Fotini Smiles v. Tara Highlands Condominium Assoc.; John Wiegand; Pat Reed; Joanne Edwards; Janet Sanders; Dennis McCarthy; Craighead & Assoc., et al
Published: Mar. 5, 1998 | Result Date: Nov. 12, 1997 |Case number: 396028 Verdict – $0
Judge
Court
San Mateo Superior
Attorneys
Plaintiff
Defendant
David M. McLaughlin
(Ropers, Majeski, Kohn & Bentley)
Facts
In 1994, plaintiff Fontini Smiles, purchased a home from defendants Joanne Edwards, Janet Sanders and Dennis McCarthy. After moving in, plaintiff claimed there was water leaking into her home. The plaintiff brought this action against the sellers, brokers and homeowners' association based on fraud, nuisance and negligence theories of recovery.
Settlement Discussions
Per defendant Tara Highlands, plaintiff demanded $800,000, then $500,000 and $350,000 during trial. Also per Tara Highlands, the defendants made C.C.P. º998 offers of compromise totaling $40,000 ($30,000 from Tara Highlands and $10,000 from defendant Wayne Gomes).
Damages
The plaintiff claimed damages of $80,000 for loss of property value, plus damages for pain and suffering.
Injuries
The plaintiff claimed a hernia, exacerbation of her arthritis, emotional distress and an allergic reaction to mold as a result of the water intrusion.
Other Information
The verdict was reached approximately one year and eight months after the case was filed. MEDIATION: An unsuccessful mediation took place in January 1997.
Deliberation
½ day
Poll
12-0
Length
five weeks
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