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Construction
Strict Liability
Negligence

Smithson v. Fargo Industries

Published: Aug. 5, 2000 | Result Date: Feb. 10, 2000 | Filing Date: Jan. 1, 1900 |

Case number: 714102 Verdict –  $775,000

Judge

Thomas R. Murphy

Court

San Diego Superior


Attorneys

Plaintiff

Steve Kamolnick

Jeffrey D. Paape


Defendant

Nannette B. Souhrada

Gary McCarthy


Experts

Plaintiff

Raymond W. LaTona
(technical)

Larry J. Gliko
(technical)

Howard Dworkin
(technical)

Defendant

Morris Crisci
(technical)

John Hardisty
(technical)

Facts

This case involved an action for strict liability and negligence that arose out of construction defects in 14 upscale homes in Blossom Valley. The defects included window leaks, improper application of building paper, faulty French door installation, thin and cracked stucco and poor workmanship in painting and drywall.

Other Information

The award per house ranged from a minimum of $35,000 to a maximum of $78,000, based on whether each homeowner made timely repairs to mitigate damages. The jury deducted between 10 percent and 40 percent from total damages, per home based on how well or poorly the homes were maintained.

Deliberation

2.5 days

Length

three weeks


#96157

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