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    • Thic-Trolley Court v. KVAAS Construction

    Jan. 29, 1994
    Verdicts and settlements
    Sign up for Daily Journal emails
    Breach of Contract
    Hotel Construction
    Defects

    Thic-Trolley Court v. KVAAS Construction

    Published: Jan. 29, 1994 | Result Date: Jan. 5, 1994 | Filing Date: Jan. 1, 1900 |
    Case number: 649076 –  $620,000

    Judge

    Barbara T. Gamer

    Court

    San Diego Superior


    Attorneys

    Plaintiff

    Palma Hooper


    Defendant

    William P. Volk


    Experts

    Plaintiff

    Robert Kent
    (technical)

    Robert G. Smith
    (technical)

    Valentine S. Hoy
    (technical)

    James Hughes
    (technical)

    Arthur Brodshatzer
    (technical)

    Gregory Mowat
    (technical)

    Howard Berkson
    (technical)

    Defendant

    Gerald Halwig
    (technical)

    Robert K. Athy
    (technical)

    Gerry Allen
    (technical)

    Mitchell Murphy
    (technical)

    Stanley C. Livingston
    (technical)

    Lee C. Johnson
    (technical)

    Facts

    In March of 1989, Defendant KVAAS Construction Company completed the construction of Trolley Court Hotel, an S.R.O. hotel in San Diego.

    Settlement Discussions

    Defendants contend they offered $705,000 and Plaintiffs demanded $3,859,472. Cross-defendant Dillon contends they filed a CCP 998 offer for $65,000 and offered $125,000 at the time of trial and Defendant KVAAS demanded $165,000 from Cross-defendant Dillon.

    Damages

    $2,600,000 total estimated cost of repairs.

    Result

    The gross verdict was reduced by $130,000 failure by Plaintiff's to mitigate and $147,000 by Plaintiff's comparative negligence.

    Deliberation

    10 hours

    Poll

    12-0

    Length

    4 weeks


    #77605

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