Tuesday, May 25, 2004

Tom Miller strikes again: 20 Los Angeles Homeowners Recover $1.32 Million for Hearing Their Neighbors Snore
Construction defect attorneys Tom Miller and Brian
Kabateck have just landed a settlement mid-trial based on lack of soundproofing . This is a press release, so adjust your filters accordingly:

LOS ANGELES, May 24 /PRNewswire/ -- Downtown Los Angeles loft owners recovered $1.32 million for the luxury of hearing their neighbors at all hours of the day and night. When homeowners at the Toy Warehouse lofts moved into their new homes in 2001, they began to hear their neighbors cooking dinner, talking, watching TV, snoring in their sleep and even using the bathroom. When they looked into the problem, they found that the builder never followed the building plans and omitted soundproofing between the walls and the floors. The owners were left with no option but to a claim with the builder on January 1, 2003. The case went all the way to trial. Two weeks into trial, just at the Plaintiffs rested, the case was settled for $1.32 million. The developer offered a mere $125,000 before trial to settle the case. This case was fully resolved in less than 16 months. According the owners' attorney, Thomas E. Miller of The Miller Law Firm, "It is not uncommon in this kind of dense living for people to hear their neighbors in certain situations. But, this was just another blatant example of how builders cut corners and the consumer pays for the these mistakes."...

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The release says the "lead trial counsel" was Brian Kabateck, of Kabateck & Garris. Kabateck had this to say:
"In order to keep developers and their insurance companies honest and to continue to pay for consumer claims for shoddy construction, it becomes necessary to try these cases. Trial by jury is the ultimate protection for the home buying public and the fact that this case was resolved in less than 16 months is a boost for California consumers."

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