Gina Levy v. William Sexton
Published: May 3, 2005 | Result Date: Jan. 21, 2005 | Filing Date: Jan. 1, 1900 |Case number: 464942 Verdict – $0
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Jeff Goode
(technical)
Yannis Toussulis
(medical)
Joseph Scannell
(technical)
Paul S.D. Berg
(medical)
Defendant
Joanne Berg
(medical)
Thomas Shefchick
(technical)
Mark H. Strassberg M.D.
(medical)
Facts
Plaintiff Gina Levy, age 36, rented an apartment in a San Francisco building owned by defendant William Sexton. In June 2001, a fire occurred in her property which destroyed her personal property.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $45,000. The defendant made a C.C.P. Section 998 offer of $2,500.
Damages
The plaintiff claimed damages of $67,500 in past loss of earnings, $9,450 in future loss of earnings, $30,000 for past emotional distress, $5,000 for future emotional distress and $59,746 for personal property loss. The defendant argued the plaintiff did not suffer any economic damages because she became an independent filmmaker. Her first film premiered at the Sundance Festival and several other film festivals around the country.
Injuries
The plaintiff claimed she suffered from post-traumatic stress disorder. A forensic psychologist concluded that plaintiff would need psychotherapy once a week for three years.
Result
The plaintiff's motion to amend the complaint to add causes of action for breach of warranty of habitability, nuisance and statutory violations was denied by the court before trial. Thus, plaintiff had to prove negligence. The jury found in favor of defendant.
Other Information
Post-trial motions were settled. The plaintiff agreed to pay defendant's partial costs of $4,300 and provide and copy of the video and waive any appeal in exchange for defendant waiving $55,000 in costs.
Deliberation
two hours
Poll
12-0 (no negligence)
Length
seven days
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