Confidential
Settlement – $1,005,000Judge
Court
Monterey Superior
Attorneys
Plaintiff
Kevin M. Solan
(Solan Park & Robello LLP)
Defendant
Experts
Plaintiff
Gerald F. Enders
(technical)
James Leonard Byard
(technical)
Geraldine L. Steffenson
(technical)
Hal Levin
(technical)
James H. Steffenson
(technical)
John William Olkoski
(technical)
Steven Hattersly
(technical)
Paul Geno
(technical)
Francis J. Offerman III
(technical)
Defendant
Lisa Wisser
(technical)
Michael Fischman
(technical)
Glenn B. Fishier
(technical)
Jeffrey B. Jones
(technical)
Jerry Tuma
(technical)
Robert H. Bohn JR.
(technical)
Robert J. Sutay
(technical)
Michael Lynch
(technical)
Joseph Solga
(technical)
Nancy Phillips
(technical)
Mohamed Rachadi
(technical)
William G. Pierce
(technical)
Michael Maynard
(technical)
Anthony S. McElligott
(technical)
Patricia A. Heinsohn
(technical)
Facts
During June of 1992, the plaintiff's tenant contracted with the defendant pest-control company to treat spiders in and around the plaintiff's residence. During the course of the second treatment, on June 18, 1992, The defendant's applicator applied the pesticide Knock Out 2FM (microincapsulated diazonin) to various surfaces in the interior of the residence. The interior of the home was constructed as a custom-built home with many of the surfaces consisting of exposed masonry "solar stone" block and soft woods. After the application, the tenants complained to the defendant of an odor and pesticide residue within the home. As a result, during June and October of 1992, the defendant attempted unsuccesfully to clean the home of pesticide residue and remove the odor. After further complaints during May of 1993, the tenants vacated the residence. The plaintiff refused to move his family back into the home which remains vacant to the present day. The plaintiff homeowner brought this action against the defendant pest-control company based on negligence, negligence per se and intentional infliction of emotional distress theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $____________. The defendant made a C.C.P. º998 offer of compromise for $___________ .
Damages
The plaintiff claimed $_________ in economic damages and $________ in non-economic damages.
Other Information
The settlement was reached approximately one year and six months after the case was filed. Settlement conferences were held on February 12 and 13, 1996, before Judge Price resulting in the reported settlement.
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