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    • CONFIDENTIAL

    Apr. 26, 2005
    Verdicts and settlements
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    Torts
    Toxic Exposure
    Nuisance

    Confidential

    Settlement –  $550,000

    Judge

    Eleanor M. Palk

    Court

    Orange Superior


    Attorneys

    Plaintiff

    Andrew Gagen

    Court B. Purdy
    (Paoli & Purdy, PC)


    Defendant

    Mary Ann Schiller
    (Wolfe & Wyman LLP)

    Won Park


    Experts

    Plaintiff

    Joseph W. DeCarlo
    (technical)

    Hsin Chou
    (technical)

    James M. Seltzer
    (medical)

    Defendant

    Sheldon Specter
    (medical)

    Facts

    Niko Black moved into a Huntington Beach home in 1999. The home was owned and managed by South Warner Business Center (SWBC). Shortly after Black moved in, she began experiencing respiratory problems. An inspection of the home revealed water damage and toxic mold growth, as well as mites and noxious odors. This was the result of septic leak, roof leaks and plumbing leaks. Black sued SWBC for negligence, nuisance, breach of implied warranty of habitability, breach of covenant of quiet enjoyment and infliction of emotional distress.

    Settlement Discussions

    The plaintiff demanded $1,000,000 made prior to mediation (C.C.P. Section 998).

    Damages

    The plaintiff sought specific damages for past and present medical expenses and general damages for pain and suffering.

    Injuries

    The plaintiff allegedly suffered poisoning and life-long personal injuries, including asthma and allergies due to the growth of toxic mold in her home.

    Result

    $550,000


    #85562

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