Jim Goodkind, Lilia Rose aka Lilia Goodkind, Rachel Goodkind v. Joe Wergeland
Published: Nov. 4, 2003 | Result Date: Aug. 8, 2003 | Filing Date: Jan. 1, 1900 |Case number: 421636 Verdict – $30,000
Judge
Court
San Mateo Superior
Attorneys
Plaintiff
Defendant
Christopher E. Brumfiel
(Wolfe & Wyman)
Experts
Plaintiff
Elaine Fitzgerald
(technical)
David Carls
(technical)
Barry Peterson
(technical)
Defendant
Michael W. Fort
(technical)
Kelvin Sheahan
(technical)
David Kahane
(technical)
Facts
Plaintiff Jim Goodkind hired defendant Wergeland Roofing to repair the roof of his single-family residence in Mountain View. After the work was completed, the plaintiff's roof leaked in several places. The plaintiff had a new roof installed, and the leaks stopped. The plaintiff and his family then observed black mold in the master bedroom. An inspection revealed mold growth in several places throughout the house.
Injuries
The plaintiff alleged he suffered increased nasal discharge as a result of the mold. The plaintiff's wife and daughter complained of nosebleeds, headaches, respiratory ailments, loss of appetite and decreased energy.
Result
The trial court granted defendant's motion for nonsuit on the causes of action for personal injury and emotional distress. The jury returned a verdict of $30,000 for the claims for breach of contract, negligence and fraud.
Deliberation
75 minutes
Length
five days
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