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Verdicts / Settlements - PlaintiffsCarlton Square Homeowners Association v. John D. Lusk & Son, et al.
CASE NO.: YC 020 074, consolidated with YC 022 089
SETTLEMENT DATE: November 20, 1997 CASE TYPE: Defective Construction RESULT: $8.5 Million Settlement; $8.5 million in compensatory damages: $5.893 million from Defendant Lusk Company and $2.607 million from subcontractors. This settlement included all but five Defendant subcontractors. COURT: L.A. County Superior Court, Torrance JUDGE: Jean E. Matusink SUMMARY: Homeowners in residential complex claim construction defects; $36 million cost of repair PLAINTIFF ATTORNEY: Knopfler & Robertson , By: Alexander Robertson, IV ; Jonathan S. Vick, and Janice M. Michaels, Woodland Hills DEFENDANT ATTORNEY: Howard, Moss, et al., By: Theodore Howard and James Orland, Santa Ana, Lusk Co.; Haight, Brown & Bonesteel, By: Jay R. Seashore, Santa Monica, Lusk Co. FactsPlaintiffs were the owners of 478 townhomes and condominium units in a residential housing complex in Inglewood which were constructed in separate phases during 198688 by Defendant Lusk developers. Over 30 subcontractors were also sued as Defendants or CrossDefendants. PlaintiffThat Defendant developers were strictly liable for the defects in the design and construction of the common areas of the complex. Plaintiffs' causes of action included strict liability, negligence, breach of implied warranty and breach of fiduciary duty. DamagesDefective roofing, waterproofing, window leaks, soil subsidence due to improper compaction, damage to foundation due to expansive soils, improper surface drainage, failure to waterproof retaining walls and ruptured plumbing lines, as well as tile, drywall, stucco, fireplace, painting, decking, landscape irrigation, weatherstripping and sheet metal deficiencies. Plaintiffs' initial cost of repair claim was $36 million. DefendantContended that the defective work was the fault of the subcontractors; that the repairs could be performed for substantially less than Plaintiffs' repair estimate. Demand$36 million Offer$3 million Settlement
NotesRoss Hart, Esquire, with the American Arbitration Assoc. was arbitrator. See Neubauer's Confidential Report for Attorneys No.: 9181 |