Fodor v. Landlord
Published: Jun. 24, 2006 | Result Date: May 13, 2006 | Filing Date: Jan. 1, 1900 |Settlement – $75,000
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Richard E. Quintilone II
(Quintilone & Associates)
Defendant
Experts
Plaintiff
Jon T. Chiu
(medical)
Joseph C. Spurgeon
(technical)
Facts
After searching the South Bay for affordable housing, the plaintiffs, a mother and emergency room nurse, and her minor daughter, found a small, old apartment in Long Beach in late March 2002. The defendant landlord provided a lease on March 29, 2002 and April 3, 2002, respectively.
The plaintiffs took possession of the residence on April 6, 2002, and continually lived in the residence through June 2003. During the course of tenancy, the plaintiffs observed and reported to defendants roof leaks, mold growth and water leaks present in the exterior walls throughout the home, and the general unclean condition of the property.
For a period of time during the tenancy, the residence did not have a working oven or electricity in parts of the kitchen. Despite continued requests by the plaintiffs that the defendants fix the problems, the defendants failed and refused to do so, causing the plaintiffs to be exposed to toxic and toxigenic molds, resulting in personal injury and property damage, as well as other damages, to plaintiffs. Ultimately, the plaintiffs left and filed suit for reimbursement of medical expenses and property damage.
Contentions
PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that the defendants were absentee owners who were negligent in the maintenance and management of the premises. The plaintiffs contended that they suffered approximately $25,000 in past and $200,000 in future medical expenses and $20,000 in personal property damages, as well as lost earnings and general damages.
DEFENDANTS' CONTENTIONS:
The defendants contended they did nothing wrong and the plaintiffs were not injured.
Settlement Discussions
The plaintiffs demanded $150,000 at one point and settled for $75,000.
Damages
The plaintiffs suffered allergies, asthma, sinus and respiratory distress, eye irritation, fatigue, nausea and vomiting, sinus surgery and has incurred medical and related expenses.
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