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Verdicts / Settlements - Defendants

Dan Waid, et al. vs. J.M. Peters Company

CASE NO.: 676910
VERDICT DATE: November 1, 1995
TOPIC: Construction Defects: 8 Homes
RESULT: $1,304,590 (verdict)
SPECIALS: Damages: $2,900,000 to repair the eight homes.
AREA: San Diego
JUDGE: Robert E. May
PLAINTIFF ATTORNEY: Larry T. Osuch (Gerard & Associates), San Diego (619) 2322828
DEFENDANT ATTORNEY: Richard P. Riley & James Patton ( Knopfler and Robertson ), Universal City

Facts

199092: The case involved eight family residences, which were developed by J.M. Peters Company. The homes were a part of the tract called Westridge in Rancho Penasquitos Park View Estates. The homes were purchased directly from Defendant between the years 19901992. Plaintiffs experienced cracking and separation in their driveways, patios sidewalks, exterior walls and to the stucco and drywall. Also, they experienced window leaks. Plaintiffs showed that the defects were caused by the soil preparation, which has caused some differential settlement and lateral fill extension.

Plaintiff Claimed

negligence, strict liability, and breach of warranty.

Defendant Denied

all claims and argued it was the responsibility of the grading subcontractor.

Insurance Company

Various Underwriters

Offer

$1,000,000 at trial

Demand

Trial Time

$1,800,000

9 days (Court Trial)

TriService Reference No. 960105

 
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