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Real Property
Negligence
Negligent Repair

Johanna Janiszewski and Richard Janiszewski wife and husband, dba Bear Claw v. 4328 Wells Fargo, and L.L.C. an Arizona Limited Liability Company, et al.

Published: May 22, 1999 | Result Date: Feb. 3, 1999 | Filing Date: Jan. 1, 1900 |

Case number: CV9691678 Verdict –  $12,000

Judge

Robert H. Oberbillig

Court

Maricopa Superior


Attorneys

Plaintiff

Richard C. Gramlich


Defendant

Greg Como

Edythe H. Kelly


Experts

Plaintiff

Bob Dellheim
(technical)

Travis Franks
(technical)

Defendant

Isabelle Arnold
(technical)

Nick Ganem
(technical)

Facts

On May 6, 1996, water entered the plaintiff's suite from a broken pipe and caused damage to their inventory and merchandise. The plaintiffs filed suit against their landlord defendant Wells Fargo, for its failure to repair the damage to their suite, forcing them to move. The plaintiffs sought to recover their lost profits and expenses due to the incident and move. The plaintiffs also had a claim against Conditioned Air for its failure to properly service the cooling system, thereby causing the water leak to occur.

Settlement Discussions

The plaintiffs made an offer of judgment of $19,900 to defendant Wells Fargo and $39,900 to the remaining defendants. Defendant Wells Fargo made an offer of judgment of $4,000.

Other Information

The verdict was reached approximately two years and six months after the case was filed.

Deliberation

six hours

Length

five days


#96815

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