This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

CONFIDENTIAL

Jul. 23, 1994

Real Property
Environmental Contamination
Commercial Business

Confidential

Settlement –  $1,000,000

Judge

Marvin D. Rowen

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Roger D. Chittum

Michelle Sherman
(Farmers Group)

Joyce S. Mendlin


Defendant

William J. Sayers

Leah Marie Gasendo

Farah S. Nicol
(Polsinelli PC)


Experts

Plaintiff

Paul Lipinski
(technical)

Kenneth Foster
(technical)

David L. Bauer
(technical)

Defendant

Donn L. Marrin
(technical)

Mohammad Estiri
(technical)

Facts

In or about April 1985, Plaintiff owner's small shopping center sustained soil and water contamination. Plaintiff alleged causes of action for products liability, trespass, nuisance, negligence, equitable indemnification, and declaratory relief. The manufacturer and supplier of the dry cleaning machine as well as the dry cleaning store (tenant) proprietor were named as Defendants.

Settlement Discussions

Plaintiff contends that prior to settlement, Plaintiff demanded $1,800,000. Plaintiff further contends that Defendant dry cleaning store (tenant) proprietor offered $300,000 and Defendant manufacturer and supplier of the dry cleaning machine offered $400,000.

Damages

Cleanup costs, stigma damages, increased operating expenses, and attorneys' fees -- all valued at $2,500,000.


#98831

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390