Fred Comento, John Garrett v. Dame Construction Company
Published: Jul. 23, 1994 | Result Date: May 4, 1994 | Filing Date: Jan. 1, 1900 |Case number: C9202296 – $154,639
Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Steven O'Connor
(technical)
Lawrence Karp
(technical)
Defendant
John S. Pack
(technical)
Donald Hildebrandt
(technical)
Facts
In February 1989, Plaintiffs Fred Comento and John Garrett purchased a new home from Defendant Dame Construction Co. The home had a 3-foot-high retaining wall along the side and in the back. Several months after Plaintiffs Comento and Garrett moved into the home, Defendant Dame Construction made grading repairs on the retaining wall. In 1990, the wall tilted and failed.
Settlement Discussions
Plaintiff contends they demanded $125,000 and Defendant offered $34,500.
Damages
Plaintiffs asked the jury to award $100,681 to repair the wall; $7,300 in engineering fees; $24,300 for loss of use of the wall; $4,705 in miscellaneous property damages; $10,122 in expert witness fees; and other costs of suit.
Deliberation
1 day
Poll
12-0 (negligence, strict liability, breach of warranty, intentional misrepresentation, negligent misrepresentation, and nondisclosure) 12-0 (punitive damages)
Length
7 days
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