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Real Property
Misrepresentation and Fraud
Chattel

Bill and Gloria Arnold v. Los Angeles Moving, Storage & Distribution, et al.

Published: Jun. 3, 1995 | Result Date: May 11, 1995 | Filing Date: Jan. 1, 1900 |

Case number: BC104561 –  $0

Judge

Bruce R. Geernaert

Court

L.A. Superior Central


Attorneys

Plaintiff

Jeff S. Westerman
(Westerman Law Corp.)

James C. Chalfant


Defendant

Gregg S. Garfinkel

John R. Feliton Jr.


Experts

Plaintiff

Timothy McNicol
(medical)

Gene Miller
(technical)

Linda Rochester
(technical)

Mark Clairmont
(technical)

Joel S. Moskowitz
(medical)

Jill Acree
(technical)

Joanne Valdez
(technical)

Defendant

Marianne Inouye MBA
(technical)

John C. Black
(technical)

Barbara J. Shanley
(technical)

Albert Hernandez
(technical)

Facts

Plaintiffs Bill and Gloria Arnold's Simi Valley home was damaged by the Northridge Earthquake of 1994, forcing them to vacate, while repairs were made. Plaintiffs contacted Defendant Los Angeles Moving and Storage to arrange for the transport and storage of their household goods. On April 15, 1994, the household goods belonging to Plaintiffs was packed and loaded by Defendants, who transported the goods to Defendant's warehouse facility in Arleta. At approximately 11:30 p.m. on April 25, an arson fire was ignited in the trailer immediately adjacent to the trailer housing the Plaintiffs' goods. The Los Angeles City Fire Department responded to this fire and extinguished it, but did not check for extensions of the fire in the trailer housing the Plaintiffs' goods. Unfortunately, at 6:30 a.m. on April 26, the trailer housing the Plaintiffs' goods became engulfed in flames, causing damage to a large portion of Plaintiffs' goods. The parties did not dispute that the fire which consumed the Plaintiffs' goods was caused by exposure to the arson fire set the previous night. Eleven days later, Plaintiffs filed this suit.

Settlement Discussions

Defendants contend their highest offer was $250,000 and Plaintiff originally demanded $800,000 reduced to $600,000 on the second day of trial; and $425,000 on the fourth day of trial.

Specials in Evidence

$60,000 (Bill Arnold)

Damages

Plaintiffs claimed property loss of $250,000 and $100,000 property damage on items of a "sentimental" nature. Plaintiffs requested the jury to award them compensatory damages in the amount of $1,200,000.

Injuries

Plaintiff Bill Arnold claimed severe emotional distress causing him to miss work from the date of the fire until the present, resulting in a loss of income of $60,000 and an additional $800,000 emotional distress. Plaintiff Gloria Arnold sought $200,000 compensation for her emotional distress claim. Both Plaintiffs claimed loss of consortium.

Other Information

This case was filed on May 11, 1994; exactly one year prior to this result.

Deliberation

1 week

Poll

9-2 no causation

Length

3 weeks


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