Confidential
Settlement – $1,750,000Judge
Court
San Diego Superior
Attorneys
Plaintiff
Thomas E. Miller
(Miller Law Firm)
Defendant
Thomas A. Balestreri Jr.
(Balestreri, Potocki & Holmes)
Experts
Plaintiff
Donald Waller
(technical)
John J. Nicholas
(technical)
Ralph Jeffrey
(technical)
Michael D. Romanowski
(technical)
Bill Sevier
(technical)
James A. Dukes
(technical)
Gregory W. Axten
(technical)
Stanley C. Livingston
(technical)
William A. Dost
(technical)
Defendant
Edward L. Oremen
(technical)
Mark D. Hetherington
(technical)
Renato Semenza
(technical)
William C. Gabrielson
(technical)
Bruce C. Davey
(technical)
Daniel R. McNaughton
(technical)
John L. Littrell
(Bienert, Katzman, Littrell & Williams LLP)
(technical)
Facts
In February of 1994, the plaintiff brought a lawsuit against the defendant developer for defects in two out of five buildings in a condominium complex constructed by the defendant developer which were still within the ten year statute of limitations. There were a total of seventy-two units within those two buildings. The units were sold for between $200,000 and $235,000 each. The plaintiff brought this action against the defendant developer based on negligence, strict liability, breach of contract and breach of implied and express warranties theories of liablilty.
Settlement Discussions
The plaintiff made a $2,250,000 settlement demand and the defendant made a $1,000,000 settlement offer.
Damages
The plaintiff claimed damages, including relocation, in excess of $2,700,000. The defendant identified damages of approximately $1,000,000.
Other Information
The settlement was reached approximately one year and ten months after the case was filed. A mediation was held before Michael Duckor of Duckor & Spradling over a period of two weeks resulting in the settlement.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390