Facts

Darla Keating and her husband Richard Keating sued contractor Duane Heryford for negligence after Darla was allegedly exposed to toxic vapors.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that while Heryford completed repairs to the building where Darla worked, he applied Termin-8 H20 Clear Wood Preservative to the exterior of the building but that the fumes seeped into the interior. She claimed that as a result of inhaling the fumes from the Termin-8, her vocal cords were damaged. Plaintiffs claimed that Heryford's conduct fell below the standard of care for a general contractor and that he should not have applied the wood preservative during working hours and/or he should have warned her that the product being applied was potentially toxic.

DEFENDANT'S CONTENTIONS:
Heryford contented that his application of the product was within the standard of care for a general contractor and that the product was not hazardous due to the small amount that had been used.

Settlement Discussions

Plaintiffs made a CCP Section 998 demand for $250,000. The defense offered Darla $25,001 and her husband $1,000.

Injuries

Darla claimed that she suffered from laryngitis and lost her voice as a result of exposure to the vapors. She also claimed that she suffered frequent nosebleeds.

Result

The jury returned a defense verdict, finding that Heryford was not negligent.