Husch Blackwell’s Condominium & HOA Law and Construction & Design teams defended a condominium association in a mold and water intrusion jury trial in Milwaukee County. The plaintiffs consisted of a family of four who alleged that they had to move out of their condominium unit because of significant health injuries caused by the water and mold to the father and one of the children. The plaintiffs’ complaint asserted claims of negligence and breach of contract. At a court ordered mediation, the plaintiffs were offered $40,000, but refused, seeking more than $100,000. During closing arguments at the trial, plaintiffs’ counsel requested that the jury award his clients more than $13 million. The jury found that the association was not negligent and did not breach any contract. As a result of the jury verdict, the family didn’t recover anything.
Lesson: Take a reasonable offer when it is presented and be realistic at trial. Pigs get slaughtered.
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