SAN DIEGO — A California appellate court has affirmed a $27,468 verdict for homebuyers who alleged that defective plumbing caused mold damage in their newly built home. Bourdette, et al. v. Gardality, et al., No. D0490011 (Calif. Ct. App., 4th Dist.).

The Court of Appeal, 4th District, also ruled in an unpublished opinion on March 25 that the buyers’ contractor had sufficient expertise to testify to needed reconstrusction and repair costs.

Robert and Margaret Bourdette sued Steve Gardality and Twin Oaks Estate Inc. for damages, alleging that mold in their home was caused by faulty plumbing in their master bathroom.

At trial in San Diego County Superior Court, the Bourdettes relied on testimony by a contractor identified as Mr. Floyd, who testified that he had 15 years experience in repairing water and fire damage.

Floyd estimated the cost of mold remediation at $12,127.35 and restoration costs at $17,367.63 to $25,488.22, depending upon whether countertops could be salvaged.

The Superior Court jury awarded $27,468 on the couple’s negligence and strict liability claims, and Gardality and Twin Oaks appealed.

The Court of Appeals first ruled that Gardality and Twin Oaks could not contest the cause of damage because they introduced no evidence to counter the Bourdettes’ claim that the plumbing was defective.

The court also rejected their contention that Floyd’s testimony should have been excluded because he was not an expert in mold or its effects on structural components.

“Floyd had expertise in repairing the type of water damage caused by Defendants’ defectively constructed plumbing, and Floyd’s inspection provided a foundation for his testimony that various tasks needed to be undertaken to ensure that the mold resulting from the water damage was eliminated and the walls, floor, cabinetry and pipes were completely repaired,” the Court of Appeals explained.

“A contractor is competent to provide testimony on the cost of repairing improvements to real property,” the court added, citing LeBrun v. Richards ([19340] 210 Cal. 308, 319-320).

Pamela J. Labruyere of the Galuppo Law Firm in Carlsbad, Calif., represented the Bourdettes.

Luis M. Bustillos of San Marcos, Calif., represented Gardality and Twin Oaks.

Document Is Available
Call (800) 496-4319 or
Search www.harrismartin.com
Opinion Ref# MOL-0804-07