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News : Firm Wins Defense Verdict in Sexual Harassment/ Cockroach Infestation Case

FIRM WINS DEFENSE VERDICT IN SEXUAL HARASSMENT/ COCKROACH INFESTATION CASE

Firm Partner Paul Wayne recently won a defense verdict in a tenant v. landlord case involving claims of sexual harassment and breach of the implied warranty of habitability.

In this case, one plaintiff/Tenant claimed that the Landlord had sexually harassed her and demanded sex in lieu of rent payments. The other plaintiff/Tenant claimed the jointly shared apartment was infested with cockroaches and that one night while sleeping in their apartment, a cockroach crawled into her ear and she required medical attention to remove the cockroach. Both plaintiffs claimed the apartment was uninhabitable due to various problems relating to bugs, water leaks, lack of heating and open electrical wires.

Although the Landlord client had been cited by the Housing Department, the Firm argued at trial that the cockroach entered plaintiff's ear AFTER she moved out of the apartment. The Firm also argued that although the Housing Department had cited its Landlord client, most of the problems complained of by the roommates had actually been caused by the Tenants themselves, who then later brought in representatives of the Housing Department for an "impromptu" inspection. Finally, Mr. Wayne argued that the Landlord never sexually harassed the plaintiff and plaintiff's claims of sexual harassment were flatly made up.

After a 6 day jury trial, and 90 minutes of deliberation, the jury apparently agreed and returned a defense verdict in favor of the Firm's Landlord client on all causes of action. Plaintiffs were awarded nothing for their alleged damages and in fact may be forced to pay the Landlord's defense fees and costs. In this regard, Mr. Wayne will be filing a motion for reimbursement of defense costs against the plaintiffs under C.C.P. Section 998, with a separate motion for attorney fees under the terms of the parties' Lease Agreement. If granted, efforts to collect on behalf of the Firm's Landlord client will begin.

Firm Partner Paul Wayne, who obtained this excellent result, leads a team of litigation specialists who focus on landlord/tenant matters, personal injury actions, business litigation, and environmental issues. He also provides specialized assistance to the Firm's Bad Faith Litigation Team. If you would like to discuss your legal needs with Mr. Wayne, please contact him at (818) 205-9955.

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Related Attorney(s):
Paul V. Wayne

Related Practice Area(s):
Employment and Labor Law
Real Estate and Construction Law