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Breach of Contract
Strict Liability
Subrogation

Truck Insurance Exchange v. Stephan G. Davis; The Great American Development Company; Urban Scene, II; Financial Scene, Inc.; et al.

Published: Sep. 10, 1994 | Result Date: Apr. 27, 1994 | Filing Date: Jan. 1, 1900 |

Case number: 656445 –  $163,598

Judge

Lawrence Kapiloff

Court

San Diego Superior


Attorneys

Plaintiff

Kenneth N. Greenfield
(The Greenfield Law Firm)


Defendant

Larry D. Letofsky
(Letofsky-McClain)


Experts

Plaintiff

Philip K. Markham
(technical)

Rick Kirkland
(technical)

Sidney Goldhammer
(technical)

Charles Sollazzo
(technical)

Defendant

J. Richard Lawrence
(technical)

Mitchell Murphy
(technical)

Bayless Cobb
(technical)

Facts

This case involved an underlying incident at an apartment building in East San Diego. Construction had been completed by Defendants in 1983. The 2-story building did not include vents to handle any collected moisture. In addition the washers and dryers vents went from the laundry room to the underside of the building. On March 4, 1991, while the manager of the building was moving a table, the building collapsed, causing him to fall 10 to 15 feet. The manager's personal injury issues were not part of this case. Plaintiff Truck Insurance Exchange paid the owner of the building $232,000 for the property damage and sought subrogation from the Defendant developer and contractor.

Settlement Discussions

Plaintiffs contend they demanded $200,000 and Defendants offered nothing.

Damages

$232,000.

Deliberation

1 day

Poll

12-0

Length

5 days


#99876

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