Karen Cullinane v. RCEA, et al.
Published: May 10, 2019 | Result Date: Dec. 19, 2018 | Filing Date: Jul. 2, 2015 |Case number: 30-2015-00796929-CU-PO-CJC Verdict – Defense
Judge
Court
Orange County Superior Court
Attorneys
Plaintiff
Eduardo Martorell
(Martorell Law APC)
Defendant
Christopher R. Mordy
(Taylor Anderson LLP)
for Cushman & Wakefield
Paul A. Buckley
(Taylor Anderson LLP)
for Cushman & Wakefield
Milford W. Dahl Jr.
(Rutan & Tucker)
for HJK Enterprises, Inc. dba La Fogata Restaurant
J. Paul Lewis
(Wood, Smith, Henning & Berman LLP)
for Jones Lang LaSalle Inc.
Victoria L. Ersoff
(Riley, Ersoff & Shakhnis)
for Jones Lang LaSalle Inc.
Facts
Plaintiff Karen Cullinane filed suit against defendants Cushman & Wakefield, HJK Enterprises, Inc. dba La Fogata Restaurant Jones Lang LaSalle Inc., in relation to alleged mold exposure.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff, a former vice-president/branch manager, claimed that she suffered numerous ailments as a result of exposure to mold in the basement of a bank branch in a building that Cushman & Wakefield and Jones Lang LaSalle appeared currently and previously as the facilities manager. Among plaintiff's numerous complaints were rashes, respiratory issues, and a fungal ball that had to be extracted from her sinuses. Plaintiff contended that the process of removing the fungal ball resulted in partial facial paralysis. Plaintiff underwent six sinus surgeries following the alleged exposure.
DEFENDANT'S CONTENTIONS: Defendants contended they met the standard of care by notifying the bank of mold issues in the basement. Additionally, evidence was presented to dispute the causal link between the alleged exposure and the claimed damages.
Settlement Discussions
Prior to trial, Cushman & Wakefield had offered $150,000 as a CCP 998 offer. JLL offered $150,000, and La Fogata offered $10,000.
Damages
Plaintiff was seeking approximately $3 million in damages.
Result
Defense verdict. The jury determined that defendants were not negligent. Plaintiff settled with the owner of the subject property on the first day of trial.
Deliberation
63 minutes
Poll
11-1 (Cushman & Wakefield); 12-0 (Jones Lang LaSalle and HJK Enterprises)
Length
nine weeks
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