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July 2016

San Diego Team Successful in Obtaining a Large Monetary Judgment as a Result of Beating a Statutory Offer to Compromise Following a Seven-Week Jury Trial

Following a defense verdict obtained on behalf of their client in March 2016 after a seven-week jury trial in Riverside Superior Court, Gordon & Rees partners Jason Meyer and Todd Konold have obtained an award of costs in the amount of just over $107,000.

The case involved claims that the firm's long-term client, an environmental services company, did not properly complete an asbestos abatement job at the plaintiff’s house. The plaintiff alleged the company left pieces of vinyl asbestos tile, asbestos-containing mastic, and mastic remover in the slab cracks, and claimed the mastic remover created dangerous levels of volatile organic compounds in the house. She claimed she was extremely sensitive to smells and argued that the only feasible remedy was to demolish and rebuild her house. In addition to claims of negligence, breach of contract, and nuisance, the plaintiff also made claims of fraud and deceptive practices against the environmental services company, which claims carried potential exposure to punitive damages, treble damages, and attorneys’ fees.

Prior to trial, the plaintiff demanded $750,000 and insisted on pursuing her case through trial, despite a $200,000 statutory offer to compromise (“998 Offer”) by the company. The cost award included over $75,000 in expert costs, which were recovered in light of the 998 Offer.

For more information on the trial, please click here.

J. Todd Konold
Jason F. Meyer



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