Facts

Plaintiffs Raul and Rafael Castilla and four others were tenants who occupied four rental units in a building owned by the Omran/Shihadeh defendants. When defendants Laura and David Mohr purchased the property in April 2003, the building was dilapidated and there were visible water leaks. The Mohrs hired contractors Fredricson-Lorick to effect renovation, the extent of which expanded dramatically as further problems with the building became apparent.

In the ensuing months, rooms were blocked off with plywood barriers in order to completely rebuild the entire rear wall, bathrooms were stripped of fixtures, and the roof was partially torn off. In early November the roof was still open. A storm caused flooding and the building was evacuated. Defendants ceased paying for lodging in late November and the plaintiffs had to return to their apartments although clean-up and repair activities were ongoing. During the course of the clean-up, there were thefts at the building and carpet workers were subsequently arrested.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that in the course of construction, defendants ceased to give notice of entry, building and apartment doors were left open, the plywood partitions cut off space, light and air circulation and gave off noxious odors. Large amounts of construction dust/debris entered apartments and scaffolding remained around plaintiffs' windows for months. The contractors removed the bathrooms in three of the four units, but abandoned the work to rebuild the rotting back wall. When the plaintiffs returned to their apartments after the evacuation, they discovered that their belongings were piled everywhere, the window coverings had been removed, and the cement floors were not covered. Personal belongings were damaged and workers had stolen some of their belongings. Four plaintiffs had personal property stolen, two of whom were also the victims of identity theft.

DEFENDANTS' CONTENTIONS:
The defendants corrected any structural deficiencies and completely remodeled plaintiffs' bathrooms. They also performed significant work on the kitchens. Rent rebates were provided to plaintiffs during the construction. Further, defendants claimed they were not involved in the hiring of the workers who stole plaintiffs' property.

Damages

Plaintiffs claimed rent overpayment, personal property loss and costs of mitigating damages. They also claimed emotional distress, (one with post-traumatic stress disorder), depression, anxiety and exacerbated allergies.

Result

Jury verdict in the amount of $118,000. The Mohr defendants were found to be 80 percent at fault and their contractor was found to be 20 percent at fault. Prior to trial, plaintiffs settled with Fredrickson/Lorick, the construction defendants for $40,000 and with Omran/Shihadeh, the prior owners, for $29,500. After deductions of $23,268 from the verdict for set-offs from the contractors' settlement, plaintiffs netted $164,232. The court also entered judgment in favor of plaintiffs for costs in the amount of $31,025. Defendant George Omran settled with plaintiffs prior to trial.

Other Information

Plaintiffs prevailed on breach of the covenant of quiet enjoyment, negligence (on a theory of the owner's non-delegable duty for their contractors' negligence), and invasion of privacy causes of action. Late in the trial, the court barred plaintiffs' claims against the Mohrs for the theft of plaintiffs' belongings and identities from jury consideration, despite evidence that Laura Mohr was warned of thefts against other tenants before those perpetrated against plaintiffs. After a jury was sworn and testimony begun, the court declared a mistrial due to defense violations of in limine orders during opening arguments. The second trial began four days later and lasted one month. Both plaintiffs and the Mohr defendants have appealed the denial of attorneys' fees.