Confidential
Settlement – $192,500Mediator
Court
Santa Clara Superior
Attorneys
Plaintiff
Anthony Marsh
(Law Office of Anthony Marsh)
Defendant
Experts
Plaintiff
John T. Holland
(technical)
Jeffrey Beam
(technical)
Defendant
Chuck Peterson
(technical)
Gene Webster
(technical)
Richard A. Holm
(technical)
John Gouveia
(technical)
Mark Huguera
(technical)
Facts
On March 30, 1988, the plaintiffs purchased a new house that had been built by the defendant construction company. Starting in 1996, the plaintiffs observed concrete roof tiles fall from the roof. The tiles would occasionally fall on any side of the house, causing damage to decking and patio furniture, and placing the plaintiffs in fear of their lives. The plaintiffs contacted the defendant construction company to get them to repair the roof. The construction company refused. The plaintiffs brought this action against the construction company based on negligence and breach of contract theories of recovery. The defendant construction company cross-complained against the roofing subcontractor and the window subcontractor for indemnity.
Settlement Discussions
The plaintiffs made an initial settlement demand for $228,510, reduced to $195,000 at the final mediation. The defendant made a settlement offer of $90,000.
Damages
The plaintiffs claimed $132,178 in cost-of-repair damages, plus general damages for loss of use, temporary living expenses and fear of falling tiles. The plaintiffs also sought attorney fees.
Other Information
The settlement was reached approximately one year and eight months after the case was filed. The settlement excluded damages for an incident occuring in January 1999 in which one of the plaintiffs, a 73-year-old retired neurosurgeon, injured his neck trying to avoid a falling tile. The plaintiffs had been standing on their rear deck looking at the roof in preparation for mediation when the tile fell and grazed the 73-year-old plaintiff's arm. The plaintiff's abrupt motion to avoid the tile caused him to suffer spinal cord damage, for which he underwent surgery. The plaintiffs indicated they will pursue a personal injury claim. MEDIATION: A three-session mediation was held from Jan. 25, 1999 to June 29, 1999 before Joseph Huber of Huber Samuelson, resulting in the reported settlement. The case settled one month after the last mediation session, after partial settlements had been reached between the construction company and the subcontractors.
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