Philippa Weld v. Montecito Retirement Association Inc., dba Casa Dorinda
Published: Apr. 15, 2006 | Result Date: Jun. 13, 2005 | Filing Date: Jan. 1, 1900 |Case number: 01131240 Verdict – Defense.
Judge
Court
Santa Barbara Superior
Attorneys
Plaintiff
Defendant
Lane E. Webb
(Lynberg & Watkins PC)
Experts
Plaintiff
Joseph C. Spurgeon
(technical)
Defendant
Daniel M. Baxter
(technical)
Facts
In 1994, Philippa Weld moved into an apartment at a retirement community known as Casa Dorinda. Thereafter, Weld, who was 82 years old, sued Montecito Retirement Community Inc., which operated Casa Dorinda, for breach of contract and nuisance relating to mold exposure occurring in her apartment.
Settlement Discussions
The plaintiff demanded $60,000 and the defendant made a C.C.P. offer of $5,000. The Court found that the defendant's offer was made in bad faith.
Damages
The plaintiff made claims for property damage to her purses, shoes and books which had sentimental value. The plaintiff also sought damages for costs she incurred in performing environmental testing for her unit, totaling over $10,000. The plaintiff withdrew her personal injury claims prior to trial.
Result
The jury returned a defense verdict after determining that the defendant did not breach its contract with the plaintiff and was not liable for nuisance.
Other Information
On the second to last day of trial, in front of the jury, the defendant's chief executive officer paid the plaintiff over $5,700 for the environmental testing costs. Post-trial, the defendant was awarded $138,000 in attorney fees and costs. The Court denied the defendant's request for expert fees of approximately $16,000 because of it had found that the Defendant's C.C.P. offer of $5,000 was made in bad faith. The plaintiff appealed both the underlying judgment and the award of attorney's fees. Per plaintiff's counsel, the parties later settled for $85,000 in exchange for full satisfaction and dismissal of appeals.
Deliberation
two hours
Poll
12-0
Length
five days
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