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Personal Injury (Non-Vehicular)
Property Damage
Negligence

William Keays and Dorothy Keays v. Barbara Castle

Published: Oct. 2, 1999 | Result Date: Aug. 12, 1999 | Filing Date: Jan. 1, 1900 |

Case number: 995143 Verdict –  $0

Judge

Ollie Marie-Victorie

Court

San Francisco Superior


Attorneys

Plaintiff

John C. Riccio


Defendant

Michael J. Smith
(Carbone, Smoke, Smith, Bent & Leonard)


Experts

Plaintiff

Tom Posey
(technical)

Colman Ryan
(medical)

Gerald M. Murphy
(medical)

Facts

In May 1997, leaking water from defendant's condominium caused real and personal property damage to the home of elderly plaintiffs. The plaintiffs, Dorothy Keays, a 79-year-old retired school teacher, and William Keays, an 83-year-old retired deputy police chief, brought this action against the defendant based on nuisance and negligence.

Settlement Discussions

The plaintiffs made a C.C.P. º998 settlement demand for $75,000, raised to $90,000 on the day of trial. The defendant offered $25,000.

Specials in Evidence

$2,689.18

Damages

$103,469 total ($52,272 real property; $8,292 personal property; $42,905 other)

Injuries

Plaintiff Dorothy Keays claimed that she suffered atrial fibrillation, skin rash on lower extremeties and emotional distress.

Deliberation

one hour

Length

four days


#96543

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