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CONFIDENTIAL

Jul. 24, 1999

Construction
Breach of Contract
Emotional Distress

Confidential

Settlement –  $35,000

Court

Ventura Superior


Attorneys

Plaintiff

Robert L. Woodbury


Defendant

Stacey F. Blank
(Wood, Smith, Henning & Berman LLP)

Stephen J. Henning J.D.

Cecilia Gassner


Facts

The plaintiff homeowner had her home re-roofed and then hired defendant, rain-gutter manufacturer/installer to put in a sheetmetal rain-gutter system on one side of the structure. Subsequently, rain leaked into the home. The plaintiff sued the manufacturer/installer for damage to her personal belongings and for emotional distress.

Settlement Discussions

The parties stipulated to binding arbitration with guaranteed minimum and maximum recoveries of $10,000 and $50,000, respectively. The matter settled shortly before arbitration.

Other Information

The settlement was reached approximately one year and two months after the case was filed. The instant settlement was for loss of personal property and emotional distress only. The settlement excludes any recovery for damages to the structure and moving expenses in order to avoid impairing the subrogation rights of plaintiff homeownerÆs insurance company.


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