Mary B. Smith and Rodney Smith v. Cleary Consultants, Inc., et al.
Published: Aug. 2, 1997 | Result Date: Feb. 5, 1997 | Filing Date: Jan. 1, 1900 |Case number: 389262 Verdict – $0
Judge
Court
San Mateo Superior
Attorneys
Plaintiff
Defendant
William J. Elfving
(JAMS)
Experts
Plaintiff
John V. Page
(technical)
Joseph Michelucci
(technical)
Thomas Kocjan
(technical)
Defendant
Jeffrey Beam
(technical)
Donald H. Hillebrandt
(technical)
Facts
In 1991, plaintiffs Mary and Rodney Smith entered into a contract with defendant O'Connor Company to demolish their existing residence and construct a new residence on their property on Los Trancos Road in Portola Valley. Defendant Cleary Consultants, Inc., a geotechnical firm, was retained to perform a soils report. In February 1992, Cleary Consultants Inc. supervised borings on the property. After testing the soils samples, Cleary Consultants Inc., issued a soils report that made recommendations for the foundation plans and drainage plans. Construction commenced in June 1992. While digging the holes for the grade beam on the pier foundation, some water was observed in the bottom of the pier holes. Also, four out of the fifty-nine pier holes met refusal at three to four feet rather than the designed depth of 10 to 12 feet. During the course of the construction, defendant Cleary Consultants Inc. recommended that the four short piers be supported by end bearing piers rather than the original design of skin friction piers. This recommendation was approved by the structural consultant for the O'Connor Company. After construction was completed, the plaintiffs experienced water in the crawl space under the house. The sump pump in the basement ran almost continously for five months out of the year. The plaintiffs brought this action against the defendants based on professional malpractice and negligence theories of recovery.
Settlement Discussions
The plaintiffs made a settlement demand for $200,000. The defendant made a settlement offer of for $25,000.
Damages
The plaintiffs claimed that the reasonable cost of repair to the drainage system and the foundation was $375,000.
Other Information
The verdict was reached approximately ______ years and _____ months after the case was filed. A settlement conference/arbitration/mediation was held on ___/___/19____ before __________________ (name) of _______________ (affiliation or court) resulting in _______________ .
Deliberation
1 hour
Poll
12-0
Length
9½ days
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