Facts

The Waterbridge project was an apartment complex built in approximately 1971 that consisted of 23 separate residential buildings and related improvements. In 2003, the project was converted from apartments into a condominium project.

In 2008, the Waterbridge Homeowners Association filed a construction defect lawsuit against the converter and various subcontractors.

In 2011, the homeowners association settled with the converter and the subcontractors for $6 million less defendant ValleyCrest Landscape Maintenance, who declined to settle.

The homeowners association then continued with its action against ValleyCrest Landscape Maintenance, which subcontractor was the landscape contractor associated with 15 of the 23 buildings at the project.

PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that the landscaping was improper on 11 of the 15 buildings that ValleyCrest Landscape Maintenance worked on such that water ponded next to the buildings and that there was reverse slope which directed water towards the buildings. As a result, plaintiffs sought repairs consisting of the installation of new drains and the sealing of the slabs on 11 of the buildings for a total cost of repair of $3.2 million.

Result

After 1 and 1/2 days of deliberation, the jury found that ValleyCrest Landscape Maintenance was negligent and that plaintiff's damages were just over $2,309,601. After set-off for the 35 percent of fault attributable to the conveter as against the $2,309,601 verdict, the net award in favor of plaintiffs against ValleyCrest Landscape Maintenance will be approximately $1.5 million. ValleyCrest Landscape Maintenance was found to be 65 percent responsible for those damages with the converter being responsible for the remaining 35 percent.

Deliberation

1.5 days

Poll

The jury found 12-0 in favor of the plaintiff on all special verdict questions other than percentages of responsibility to which the jury found 10-2 in favor of plaintiff

Length

two weeks