Facts

In 2004, Dennis and Claire Singer, husband and wife, hired Bay City Termite Services (Bay City) to fumigate their Downey home for termites. Bay City then subcontracted the job to AAA Fume Inc.

Fumigation work inside the Singers' home took two days to complete and used the chemical, vikane. During the fumigation, the Singers were not allowed inside the home.

The Singers sued Bay City and AAA Fume, alleging property damage from the fumigation.

PLAINTIFFS' CONTENTIONS:
The Singers claimed that when they returned to their home, it was completely ruined. They asserted that their custom wallpaper was dripping with liquid, their kitchen appliances were destroyed, and rust was rampant throughout the house.

DEFENDANTS' CONTENTIONS:
The defendants claimed the Singers made the damage out to be worse than it really was. The defendants claimed the damage was caused by condensation from humidity and the rainstorm during their fumigation. The defendants also denied any wrongdoing.

Damages

The Singers claimed property damage between $400,000 and $500,000. The Singers also sought damages for emotional distress, bringing their total damages sought to $1.5 million.

Result

The jury returned a verdict for the plaintiffs in the amount of $338,664.39. This amount consisted of $75,000 for past pain and suffering and $25,000 for future pain and suffering for Claire Singer. In addition, it consisted of $50,000 for past pain and suffering, $15,000 in future pain and suffering, and $173,664 for past economic loss for Dennis Singer.

Other Information

Release of the settlement agreement was executed for $345,000, to include interest and defense's motion to enforce has been filed with hearing on July 13, 2007.

Deliberation

2.5 days

Poll

12-0 (on liability); 12-0 (on delegate duty); 9-3 (on damages)

Length

12 days