Jack Carlton v. Libbe and Joe Murez; Courtly Homes dba Sunkist Builders
Published: Aug. 23, 1997 | Result Date: Jun. 13, 1997 | Filing Date: Jan. 1, 1900 |Case number: SC027373 Verdict – $0
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Timothy D. McGonigle
(Law Offices of Timothy D. McGonigle APC)
Defendant
Thomas J. Dowling
(Hager & Dowling)
Facts
On Dec. 4, 1992, plaintiff Jack Carlton returned home to his rented condominium in Marina del Rey and found his 62-year-old wife at the bottom of a flight of stairs, dead of a broken neck. Defendants Joe and Libbe Murez were the owners of the condominium and had leased the condominium to the plaintiff and the decedent. Defendants Courtly Homes dba Sunkist Builders had built the condominium development, completing construction in November 1978. The plaintiff brought this wrongful death action against the defendants based on negligence, premises liability and negligence per se theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $250,000 to Sunkist only. The defendants made no settlement offer.
Damages
The plaintiff claimed $322,911 present cash value of future household services, plus general damages for loss of society, comfort and support in the approximate amount of $1 million.
Injuries
Death of a 62-year-old wife.
Other Information
The verdict was reached approximately three years and six months after the case was filed. A mediation was held in the Spring of 1996 before John McTernan. It did not resolve the matter. The jury found the defendants negligent but found that their negligence was not a proximate cause of the plaintiff's damages.
Deliberation
3 day
Poll
9-3
Length
8 days
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