Joe LaMadrid, Anna LaMadrid, et al. v. LaDonna Enterprises, et al.
Published: Nov. 2, 2000 | Result Date: Oct. 3, 2000 |Case number: 92403 Verdict – $44,660
Judge
Court
Imperial Superior
Attorneys
Plaintiff
Defendant
Norman A. Ryan
(Ryan, Carvalho & Retz LLP)
Facts
The plaintiffs are the owners of nine single family homes in a 134-home subdivision located in El Centro. The construction occurred between 1988 and 1992. The homeowners began noticing cracks in stucco, drywall and concrete flatwork. Defendant LaDonna Enterprises was the original development partnership for a portion of the project. Defendants Rigid Electric Inc., dba G-MAC Development Company, and Gary McPhetrige were the general contractor for the original portion of the project and the developer and builder of the balance of the project.
Settlement Discussions
The plaintiffs initially demanded $2.2 million, reduced to $1 million prior to and during trial. The defendants offered $100,000 prior to trial with an indication of further movement, and made additional settlement overtures during trial. However, no further offers were made nor did further negotiations occur. In confidence during pretrial mediation, the defendants indicated a willingness to offer as much as $250,000, which was not communicated to plaintiffs by the mediator. Prior to trial and at the last mediation, the defendants settled with all subcontractor cross-defendants for $75,000.
Damages
$1,230,797
Result
The jury awarded the exact defense cost of repair for the cosmetic damages, with the exception that the owners of one home were awarded total damages of $1.00, due to their as-is purchase of their home with knowledge of the litigation and claims being made.
Other Information
The defendants were granted a directed verdict on plaintiff's claim for breach of implied warranty as to two of the four homeowners making that claim. The defendants were granted a directed verdict on punitive damages. Post-trial motions are anticipated.
Deliberation
two days
Poll
11-1 (no design defect), 11-1 (construction defect), 10-2 (causation), 11-1 (no negligence), 10-2 (no causation by comparative fault), 9-3 (damages), 11-1 (no breach of implied warranty), 11-1 (no fraud)
Length
12 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390