Barbara Robles and Rebekah Ramirez v. Peter Coleman, Rosemary M. Brickey, and Alan Stuart Construction
Published: Mar. 31, 2007 | Result Date: Oct. 17, 2006 | Filing Date: Jan. 1, 1900 |Case number: CIV237102 Arbitration – $9,000
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
John C. Lauritsen
(Boeddinghaus & Velasco)
Erik B. Feingold
(Myers, Widders, Gibson, Jones & Feingold, LLP)
Facts
Peter Coleman and Rosemarie Brickey, the owners of an apartment complex, hired Alan Stuart Construction to make repairs to the complex roof and add an extension to the property. During the roof repair, a large hole was created in the roof above the apartment where Barbara Robles and Rebekah Ramirez resided. The hole was covered by a tarp, but heavy rains caused the tarp to retain a large amount of water. A construction employee tried to remove the tarp in order to drain the water, but instead caused the water to pour into the apartment below. Robles and Ramirez filed suit against the construction company for property damage, and Coleman and Brickey for negligent retention of a contractor.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiffs claimed that they could no longer reside in the apartment because of the water damage, and that they had to move in with friends. The alleged that the construction employee was incompetent, and was never supervised. Further, they claimed that he went through their drawers and smoked marijuana outside their apartment.
DEFENDANT'S CONTENTIONS:
The property owners denied being aware of the contractor's incompetence and denied having control over his work or his employee. The construction company denied any negligence, and claimed that the workers were properly supervised at all times. They collectively disputed the amount of damages plaintiffs claimed.
Injuries
Plaintiffs claimed $20,000 to $25,000 in property damage.
Result
The jury awarded plaintiff $9,000, paid by the construction company's insurer. The property owners were dismissed from the case.
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