Confidential
Settlement – $100,000Court
Sonoma Superior
Attorneys
Plaintiff
Defendant
Lewis R. Warren
(Abbey Weitzenberg Warren & Emery)
Experts
Plaintiff
Dorothy Fisher Fordyce
(technical)
Facts
Kathryn Larson, late 50s, lived with Adrian McDowell and cared for him for years before his death. McDowell died in 2001, leaving a home in Sebastopol among other items of property. McDowell's sister, Patricia Ferguson, was the trustee/beneficiary of a trust executed by McDowell in 1992.
Settlement Discussions
Demand of 55 percent of the proceeds from the sale of the residence (approximately $200,000), one week before trial (per defense counsel). Offer of $75,000 from the sale of the residence one week before trial (per defense counsel).
Damages
Larson claimed title to the Sebastopol residence, which had a claimed fair market value of $355,000. She sought in the alternative damages arising from the care services totaling more than $100,000 (per plaintiff's counsel) or $300,000 (per defense counsel). Ferguson sought $36,000 related to two years worth of rent for the time after McDowell's death during which Larson stayed at the home.
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