MnT Investment Company Limited v. The Roberts Companies, a California Limited Partnership, Robert H. Blumenfield, Trustee of the Robert H. Blumenfield, Living Trust U/A/D Nov. 4, 1984, Roberts Business Park - Sunrise, a California Limited P
Published: Mar. 6, 1999 | Result Date: Dec. 16, 1998 | Filing Date: Jan. 1, 1900 |Case number: BC144594 Verdict – $2,451,750
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Loyd E. Wright III
(Law Office of Loyd E. Wright III)
Jeffrey H. Baraban
(Baraban & Teske)
Experts
Plaintiff
Jason Engel
(technical)
Allen Jacoby
(technical)
Facts
In 1991, plaintiff MnT Investment Company began exporting new cars to mainland China as a favor for a friend. By the end of 1995, gross sales had grown to over $45 million, and plaintiff was the largest independent auto exporter in the United States. The business involved after-market installation of leather seats, sunroofs, CD players, etc. on all of its new cars prior to exportation. Landlord/management company failed to repair a leaky roof problem at the Mnt facility for almost one year before hiring defendant Skycraft Roofing. Roof repairs were initiated in late December of 1995. The roofer left the roof of the warehouse exposed overnight. A rainstorm occurred and damaged $80,000 in leather inventory. Landlord/Management company also failed to expeditiously repair. Delivery delays at a critical time caused plaintiff to lose its sole buyer in China and the business closed its doors by the end of 1996. The plaintiff brought this action against the defendants based on negligence, nuisance and constructive eviction theories of recovery.
Settlement Discussions
The plaintiff made a pre-trial settlement demand of $750,000, increased to $1.5 million during deliberations. The defendant made a collective offer of compromise for $125,000 prior to trial.
Damages
The plaintiff claimed $80,000 in damaged leather inventory; $150,000 in damages paid to Chinese buyer; lost tenant improvements and moving expenses totaling $30,000 and lost profits estimated at $2 to 4 million.
Other Information
The verdict was reached approximately two years and 10 months after the case was filed. Plaintiff's counsel reports that the jury took substantial time to deliberate due to the complex accounting issues and voluminous accounting documents.
Deliberation
4½ days
Poll
12-0 (on most issues); 10-2 (on some apportionment issues)
Length
three weeks
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