Kevin Gelderbloom, Marcia Gelderbloom, Bryan Gelderbloom, Christopher Gelderbloom et al. v. Vista del Canon Homeowners Association
Published: Oct. 28, 2003 | Result Date: Jun. 30, 2003 | Filing Date: Jan. 1, 1900 |Case number: PC030379 Verdict – $0
Judge
Court
L.A. Superior San Fernando
Attorneys
Plaintiff
Defendant
Jay B. Lake
(Lewis, Brisbois, Bisgaard & Smith LLP)
James D. Fraser
(Lewis, Brisbois, Bisgaard & Smith LLP)
Experts
Plaintiff
Janet Hickenbottom
(technical)
Gary J. Ordog
(medical)
Defendant
Adrian J. Adams
(technical)
Harry Louis Skalsky
(technical)
Ronald E. Gots
(medical)
Alan Szeftel
(medical)
Ryan T. Kuhn
(Sullivan Law Group APC)
(technical)
David N. Alexander M.D.
(medical)
Facts
Plaintiffs Kevin Gelderbloom, his wife Marcia, and their two children Bryan, 9, and Christopher, 4, were owners of a condominium in a 362-unit complex in Santa Clarita. They claimed to have roof leaks from 1999 to 2001 and blamed defendant Vista del Canon Homeowners Association for failing to repair. Mold was discovered in their unit in June 2001 and the unit was remediated by the defendant for several months. The defendant paid for alternative living for the plaintiffs.
Settlement Discussions
The plaintiffs demanded $375,000 which was decreased to $100,000 during trial. No offer was made.
Specials in Evidence
$45,000
Injuries
Injuries for plaintiff Kevin Gelderbloom included bloody noses, "dopiness" and forgetfulness. Marcia's injuries included severe headaches, immune system suppression and pneumonia. Bryan suffered severe rashes and Christopher had immune system suppression. All plaintiffs also claimed emotional distress and pain and suffering.
Result
The jury found for defendant on all issues.
Other Information
Prior to trial, the defendant paid the plaintiffs $21,500 to resolve property damage claims and agreed to pay over $5,000 in storage charges for personal property. The defendant also agreed to repair continuing leaks into the plaintiffs' home and to perform further testing for mold.
Deliberation
two hours
Poll
11-1 (no negligence), 12-0 (no breach of contract)
Length
19 days
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