Facts

On July 21, 2005, defendant Raymond Dean Cox, an employee of defendant, Cynthia Cox, dba Cox Heating & Air Conditioning, was at plaintiff's apartment in Van Nuys in order to replace an oven. Cox failed to turn off the proper gas shut-off valve, resulting in a fire.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that Cox was negligent for failing to turn off the proper gas valve. The plaintiff further contended that defendant MZL Properties Inc., the apartment house manager, was negligent for failing to label the gas shut-off valves.

DEFENDANT'S CONTENTIONS:
The defendants contended that the fire did not cause the plaintiff's depression and anxiety and that she did not suffer post-traumatic stress disorder or a neck injury. They further disputed the extent of plaintiff's alleged property damage. Defendant MZL Properties Inc. contended it was not negligent.

Settlement Discussions

The plaintiff demanded $90,000 against Cynthia Graham Cox Heating & Air Conditioning and Raymond Dean Cox and $30,000 against MZL Properties Inc. Cox defendants offered $50,001 by way of a CCP 998 offer to compromise. MZL Properties Inc. offered $5,000.

Specials in Evidence

$60,000

Damages

The plaintiff contended she sustained over $35,000 in property damage. The plaintiff made a demand to the jury for an award of $250,000. The plaintiff claimed over $34,000 in property damage.

Injuries

The plaintiff suffered neck strain/sprain, post-traumatic stress disorder, depression and anxiety.

Result

$41,000 verdict against the Cox defendants jointly and severally. Nonsuit in favor of MZL Properties Inc. Cross-complaint of Cox defendants against MZL Properties Inc. was dismissed by the court. The plaintiff has filed a motion for new trial and additur based on inadequate damages. Should the motion be denied, the plaintiff will appeal the judgment.

Other Information

FILING DATE: March 27, 2006.

Deliberation

two days

Poll

12-0 (liability), 10-2 (damages)

Length

nine days