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Torts
Toxic Torts
Nuisance

Gerald Seelman, Sally Seelman v. Coit Services Inc.

Published: Feb. 9, 2018 | Result Date: Nov. 3, 2017 |

Case number: 37-2015-00036660-CU-PO-NC Verdict –  $487,250

Judge

Earl H. Maas III

Court

San Diego County Superior Court


Attorneys

Plaintiff

Jarrett S. Charo
(Thorsnes, Bartolotta & McGuire)

Brett Schreiber
(Singleton Schreiber LLP)


Defendant

Christopher P. Regan
(Law Office of Tracey Lazarus)


Facts

Gerald and Sally Seelman sued Coit Services Inc.

Contentions

PLAINTIFF’S CONTENTIONS: The Seelmans alleged that Coit Services used toxic chemicals to clean their carpet. As a result, the Seelman’s allegedly suffered a severe toxic reaction. Ultimately, the Seelmans asserted causes of action for negligence and private nuisance.

DEFENDANTS' CONTENTIONS: Coit argued that the Seelmans knew that chemicals would be used to clean their carpet. Coit also alleged that an air quality test conducted in the Seelmans' home six months after the carpet was treated showed no signs of the chemical's presence in the home.

Damages

The Seelmans sought $290,000 in remediation and repair, and $600,000 in general damages.

Injuries

The Seelmans suffered from emotional distress.

Result

The jury found for the Seelmans and awarded them $250,000 in non-economic damages, and $237,250 in remediation.

Other Information

According to plaintiff, as a prevailing party and having beat their 998 offer of $400,000 on a no offer case, plaintiffs were proceeding to recover expert costs and prejudgment interest when a confidential settlement was reached.


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