Facts

Dina Safford rented an apartment from Gigi Wilson and Walter Butler. After about a year of living in the apartment, she discovered mold in the unit and filed suit against Butler. Butler counter-claimed for breach of contract.

PLAINTIFF'S CONTENTIONS:
Plaintiff's contentions were for breach of the warranty of habitability, breach of the implied covenant of quiet enjoyment, nusiance, negligent infliction of emotional distress, intentional infliction of emotional distress, and unlawful business practices.She claimed the unit had mice, and that the building had breaches, allowing water intrusion, which caused the mold. She claimed that she regularly cleaned the unit, but the mold grew despite her efforts.

DEFENDANT'S CONTENTIONS:
Defendant claimed plaintiff was liable for the condition of the unit due to her failure to clean and ventilate. He also claimed that she allowed additional people to live in the unit without his approval or knowledge. He contended that he was not made award of the mold problem until February 2005, and thathe had hired a mold remediation company to inspect the unit the next day. The defendant's construction experts both testified that the mositure problems were caused by plaintiff's placement of a wooden board inside the window sill, and her failure to ventilate adequately. He also argued that plaintiff's damaged personal property could have been easily cleaned and restored. He contended that plaintiff's total loss for personal property damage was no more than $1,000, and that the rental value of the unit was commesurate with the unit's market value.

In his counter-claim, he claimed palintiff had failed to pay rent and damages the rental property.

Settlement Discussions

Plaintiff demanded $250,000, then reduced her claim to $47,500, and again decreased her demand to $30,000. Defendant initially offered $50,011, then reduced his offer to $20,000.

Specials in Evidence

Plaintiff requested $4,000 in medical specials, but later withdrew her claim.

Damages

Plaintiff sought an unspecified amount for her emotional distress, damage to her personal property, and loss of rental value. In his counter-claim, defendant sought $6,000 for six months unpaid rent and $1,995 for repairs, less plaintiff's $2,00 deposit, for a total of $5,959.

Injuries

Plaintiff claimed that she was allergiec to the mold.

Result

The jury found that plaintiff had caused the mold by placing a board in the window, and found for defendant on plaintiff's claim. It also returned an award of $5,959 to defendant on his cross-claim.

Other Information

Defendant sought $64,171 in costs and fees. He also sought $93,458 in attorney fees, pursuant to a provision in the lease.

Deliberation

seven hours

Poll

11-1

Length

two weeks