David Davis and Beverly Phillips v. Tony Loduca Construction Corporation, Tony Loduca, and Eagle Roofing
Published: Oct. 8, 1994 | Result Date: Jul. 18, 1994 | Filing Date: Jan. 1, 1900 |Case number: 661429 – $95,000
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Jeffrey Garth
(technical)
Phil Don Whiteman
(technical)
Defendant
John S. Rule
(technical)
Wilmot F. Macklin III
(technical)
Cyril Tilson
(technical)
Facts
Plaintiffs David Davis and Beverly Phillips alleged construction defects existed in their single-family custom house constructed by Defendants Tony Loduca Construction Corporation and Tony Loduca between May 1990 and April 1991. All subcontractors (except Defendant Eagle Roofing, the roofing subcontractor) settled out early for an undisclosed amount; Plaintiffs proceeded to trial against Defendants Loduca and Eagle Roofing. Defendants Loduca conceded the existence of defects in the sheet metal roof parapet coping, sheet metal chimney cap, framing of the master bedroom ceiling, and exterior wood in contact with earth.
Settlement Discussions
Plaintiffs demanded $200,000 and Defendants Loduca offered $25,000. Defendant Eagle Roofing's offers, if any, were not disclosed.
Damages
$126,139 for cost of repair of construction defects; $10,800 for misappropriation of landscaping and masonry funds; $16,138 for construction loan costs due to delay; an unspecified amount for emotional distress (valued at $40,000 during settlement negotiations); and $9,765 in investigative costs, for a total of $200,000 plus. Defendant Eagle Roofing asked the jury to award a Defense verdict.
Injuries
Emotional distress.
Deliberation
1.5 days
Poll
12-0
Length
6 days
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