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Personal Injury
Landlord and Tenant
Negligence

Alicia Myatt vs. Barbara Clothier

Published: May 3, 2019 | Result Date: Mar. 21, 2019 | Filing Date: Jul. 3, 2018 |

Case number: 18CECG02589 Settlement –  $50,000

Judge

Donald S. Black

Court

Fresno County Superior Court


Attorneys

Plaintiff

Margaret A. Elder
(Elder & Spencer LLP)


Defendant

Elizabeth A. Thomasian
(Emerson Church Law)


Facts

Alicia Myatt and Giovanni Mendez filed suit against Barbara Clothier in relation to conditions of the property they rented from defendant.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that Clothier failed to maintain the rental home where they resided in a habitable condition even though they made complaints about the conditions. Plaintiffs contended they complained about spider, mosquito, and rodent infestations, defective smoke detectors and carbon monoxide detectors, electrical problems, mold, plumbing problems, and unsafe walkways, among other things. Additionally, Myatt contended she suffered physical harm as a result of the conditions on the property.

DEFENDANT'S CONTENTIONS: Defendant denied the contentions. Defendant contended that when the home was rented to plaintiffs, the property was in a good condition. Defendant's husband managed the property for the majority of plaintiff's tenancy, but passed away suddenly before the conclusion of the tenancy.

Result

The matter settled for $50,000 after mediation.

Other Information

As part of the settlement with the two named plaintiffs, an agreement was reached for plaintiff's three minor children along with two other adult relatives of plaintiffs.


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