Morada Maintenance Corp. v. Douglas E. Barnhart Inc.
Published: Jul. 23, 2005 | Result Date: Mar. 11, 2005 | Filing Date: Jan. 1, 1900 |Case number: GIC791960 Verdict – $1,563,140
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Bjorn C. Green
(Demler, Armstrong & Rowland LLP)
Experts
Plaintiff
Larry Glicko
(technical)
Robert A. Carroll
(technical)
Defendant
Morris Crisci
(technical)
Mike Brown
(technical)
Ted Bumgardner
(technical)
Facts
Plaintiff Morada Maintenance Corp., a Rancho Bernardo homeowners association, claimed that its 338-unit condominium was plagued with several defects and construction problems. The single largest problem was the condition of decks and balconies. The general contractor for the condominium, which was built between 1991 and 1993, was defendant Douglas E. Barnhart Inc. Barnhart was hired by the property owner and developer, Battle Mountain LP. Barnhart then entered into several subcontracts.
Damages
Barnhart demanded $1.75 million; Sahara's offer was $400,000.
Result
Many of the subcontractors were dismissed before trial. On the third day of pretrial hearings, the remaining defendants, except Sahara, settled with the plaintiff for a total of $4 million of which Barnhart agreed to pay $2,998,000. The trial proceeded as to Barnhart's third-party claim against Sahara. Barnhart sought to recover $2.3 million, the share attributable to settling the waterproofing issues. The court rejected Sahara's statute of limitations defense in view of Barnhart's settlement of the underlying action. The jury attributed 64 percent of the fault to Sahara, 27 percent to Barnhart, and nine percent to others. It determined the reasonable allocation of monies toward balcony and deck damages was $1,435,140, net $918,480 after allowing for Barnhart's fault and that of non-parties. The jury then awarded Barnhart an additional $128,000 in investigative costs associated with litigation. The total net verdict was $1,046,489. Sahara has been out of business for several years. Its insurers assert there is no coverage for this loss.
Deliberation
one day
Poll
12-0
Length
seven days
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