This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

CONFIDENTIAL

Mar. 5, 1994

Personal Injury (Non-Vehicular)
Environmental Contamination
Premises Liability

Confidential

Settlement –  $115,000

Judge

Patrick L. McMahon

Court

Santa Barbara Superior


Attorneys

Plaintiff

Russell R. Ghitterman


Defendant

Raymond T. Kaiser

Stuart E. Supowit


Facts

In December of 1989, Plaintiffs husband and wife, a machinist and supervisor for a fabric manufacturer, respectively, were in their early 30's when they leased a single family dwelling on a 40-acre parcel from Defendants. The residence is located on an "antenna farm," a facility from which television and radio stations broadcast because of the clear sight fields necessary for long-range broadcasting. These antenna farms are usually in remote areas, as this was. Plaintiffs entered into a one-year lease with Defendants allegedly upon assurances from Defendants that the residence was "safe." During the Plaintiffs' tenancy, the Defendants wanted to expand the commercial aspects of the property, and the local county ordered an environmental impact report (EIR). The EIR's investigation allegedly revealed significantly higher levels of radiofrequency radiation (RFR) than Defendants had allegedly led Plaintiffs to believe. The Stanford physicist who conducted the RFR measurements for the EIR determined the area was not safe for human habitation because he believed that the RFR levels exceeded recommended human exposure levels set by ANSI (American National Standards Institute) and the NCRP (National Council for Radiation Protection). RFR exposure at certain levels can lead to the development of cataracts, tumors, and cancers. The latency period ranges from a few years to several decades. Some experts believed that the RFR levels met the 1982 ANSI standards.

Settlement Discussions

Plaintiffs contended that they demanded $250,000 and Defendants offered $30,000. Defendants contend Plaintiffs' original demand was $1,000,000, reduced to $250,000.

Specials in Evidence

not claimed not claimed

Injuries

Past, present, and future emotional distress and fear of cancer resulting from the RFR exposure. (The Plaintiff wife was approximately four months pregnant when the couple moved from the property. None of the family members have, as yet, displayed any ill effects of the exposure.)

Other Information

The Court granted a Motion for Summary Judgment on behalf of the Defendant primary lessee, with a finding that they had no legal duty.


#77755

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390