Facts

Defendant Premier Group built a development of new homes in Pomona. The homes' fire sprinkler systems were installed by defendant Fire Sprinkler Systems Inc. Plaintiff Marin Hummer was born in May 2001, and she and her parents moved into a new home the next month. In June 2002, Marin's mother, plaintiff Shaylon Hummer, noticed a small patch of mold on the ceiling of Marin's second-story bedroom. The mold had resulted from a leak in the fire sprinkler system. Shaylon reported the problem to Premier Group who requested that Fire Sprinkler Systems come out to inspect the problem. When they arrived, Marin had just suffered a seizure and was being transported to a hospital. Fire Sprinkler Systems paid for the repair, the remediation and restoration of the mold infected areas.

PLAINTIFFS' CONTENTIONS:
Plaintiff Marin Hummer sued for personal injury damages caused by the exposure to the mold. Her parents, Shaylon and Edward Hummer, sued for diminution in value of their home due to the stigma from having mold.

DEFENDANTS' CONTENTIONS:
Defendant Fire Sprinkler Systems admitted there was a problem with the system that resulted in the leak. However, it denied the leak had caused any damage to Marin or that it would lead to future damages. It also asserted that there are no stigma damages because the mold had been cleaned up and repairs were completed. Cross-complainant Premier Group settled with plaintiffs' for $35,000. Premier Group pursued their cross-complaint for express indemnity against Fire Sprinkler Systems, claiming $166,000 in attorney fees, $61,000 in costs and $35,000 paid in the settlement.

Settlement Discussions

The plaintiffs made a demand of $117,000; defendant offered $75,000. On the cross-complaint, a demand of $226,000 was made.

Damages

The plaintiffs sought $14,000 for past medical costs for testing and loss of toys, bedding, and clothing that had to be discarded because they were exposed to mold. At trial, they asked for $500,000 to $900,000 for Marin. They also asked for $130,000 for the diminution in value of their home. The defendants asked the jury to award plaintiffs only out-of-pocket expenses, amounting to $14,000.

Injuries

The plaintiffs alleged the mold caused Marin's seizure. They also claimed Marin has been sensitized to mold and would have future damages for medical testing and treatment for the rest of her life at a cost of several hundred thousand dollars. Fire Sprinkler System's expert testified that Marin's seizure was a febrile seizure, not related to exposure to mold or any other allergen.

Result

The jury awarded plaintiff Marin $14,000, but no general or future damages. The jury did not award anything to her parents on their claim for diminuation in value of their home. After the credit for the prior settlement with Premier Group for $35,000, the verdict was reduced to $0. The plaintiffs agreed to accept the verdict in exchange for defendant's waiver of costs. The jury awarded $139,000 on the cross-complaint.

Deliberation

one day