Gary N. Donovan, Esq.

Constr. Defect/Real Property

• Mediated a case wherein an air condition hose installed by the Defendant caused damages to the common areas maintained by a homeowner’s association. Many parties were involved due to damages to multiple residences and defendants cross-complaint against other trades. A global settlement was reached.

Construction Breach Of Contract

• Mediated a case revolving around the construction of a residential building. The Plaintiff, a general contractor, subcontracted the defendant to design and install a specific component. The Plaintiff sued for breach of contract alleging that it had to hire another subcontractor to complete the defendant’s work. The defendant filed a cross-complaint against the general contractor alleging material breaches of the change of work provision in the subcontract, unjust enrichment, and breach of the implied covenant of good faith and fair dealing. The case was settled despite very strongly held feelings on both sides.

Construction Defects

• Mediated a case stemming from an incident where a homeowner Plaintiff, came home to find her kitchen in flames. She claimed she had not used the kitchen oven or stove in three days and had yet to remodel the kitchen. Evidence suggested that the fire originated from the wall cavity in the area of the cooktop wall outlet and the wiring connected to this outlet. Damages totaled nearly seven figures. The Defendant's home construction company was primarily at fault for the damage created by the fire and had many opportunities to settle the case. After further evidence was found against the Defendant, the case was mediated and settled for an undisclosed six figures.
• Mediated a case arising from a water damage claim at a private residence undergoing an ongoing construction project. The Defendant roofing company was hired to reroof the home. During the roofing project, it was determined that extra work was needed on the trusses. The Plaintiff contended that the roofing company was delayed in making the repairs. The roofing company claimed they had to have another contractor do the repairs, and that their subcontractor was behind the delay. During the delay, insufficient and inadequate protection of the partially constructed roof led to water damage during a rainy day. Damages to the home were alleged in excess of one million. The case was mediated between multiple parties, and a settlement was achieved at the second session.
• Mediated a case wherein the defendant cable company was subcontracted to install a fiber optics cable line. While tracking the line, employees sprayed compressed air into the conduit. The conduit accumulated water, which was forced into the electrical room of a local school, causing damage to the electrical room equipment and computers. The school spent well over $100,000 to replace damaged equipment and clean the electrical room.
• Mediated construction defects and contract disputes ranging from minor fence boundary issues to multimillion-dollar defects in the homes of celebrities.

Wrongful Term & Discrimination

• Mediated a case concerning a Plaintiff employee of a medical group who claimed she was terminated due to her age. The defendant disputed the accusation and alleged that the Plaintiff was terminated due to her many write-ups about protocol violations, bad attitude, and inappropriate conduct. The Plaintiff then suggested the defendant practiced medicine on patients without a license contrary to the medical group’s protocol.

Wrongful Termination

• Mediated a case stemming from an incident wherein the Defendant, a medical group employee, caught another coworker and co-defendant forging doctors’ signatures on prescription slips. The Plaintiff notified the DEA - who investigated the incident - but was allegedly fired by his employer for doing so. The Plaintiff employee sued his medical group employer, claiming he was wrongfully discharged, discriminated against, and treated unfairly. The Plaintiff also alleged that a different co-defendant coworker looked up his confidential medical records and found out about his medical condition.

Aviation

• Mediated a case in which an aircraft rental company claimed the Defendant pilot was liable for damages to a plane after the pilot was required to make an off-airport landing due to engine failure. The Plaintiff argued that the plane’s engine failed due to insufficient fuel, which the defendant should have noted and been aware of pre-fight-check. The plane sustained property damage and could not be rented out while down for repairs, resulting in damages to the Plaintiff. A settlement was achieved at mediation.

Bad Faith

• Mediated and settled a case where the Plaintiff accused an insurance company of scheming to avoid fully repaying the costs of damage caused by a commercial property fire.
• Mediated a case involving a Plaintiff construction crewmember who was injured while working on repairs to a home. He settled his damages with his employer for injuries workers' compensation carrier. The workers' compensation carrier insurance sought repayment from the general contractor and homeowner.

Coverage

• Mediated a case stemming from a fire at the Plaintiff’s Senior Living complex originating from a tenant who left her groceries on the stove which was left on, igniting the groceries. There was no dispute as to the cause of the fire or the negligence of the tenant. The sole issue of the case involved the application of the implied co-insured doctrine defense to the case.

Property Damage

• Mediated a case involving water damage to the Plaintiff's home. The homeowner claimed a pipe suddenly burst, causing his house to flood, and that he was not paid enough by his insurance company, the defendant, to repair the water damage to his home. After further evidence was obtained, the insurer claimed the damage was a result of a long-term leak and not a sudden pipe burst.

Medical

• Mediated a case where the Plaintiff, the husband of an injured woman, claimed he did not receive payments due to sick time because he was obligated to care for his recovering wife. His wife underwent knee replacement surgery, and when she was in rehabilitation, she fell on her knee, allegedly from the therapist not being where she should have been to help. As a result, his wife had to have more surgery requiring more help from the plaintiff and more time missed from work. The Defendant denied all liability and damages.

Agent and Broker

• Mediated a case wherein the Plaintiff lender alleged negligence against the property appraiser after the borrower defaulted on the loan and the property sold for significantly less, resulting in a substantial loss. The appraiser claimed adherence to industry standards while attributing the loss to the lender's underwriting negligence. This matter was settled after several mediation sessions.

Legal

• Mediated and settled a case wherein the Plaintiff sued her counsel for legal malpractice following a contentious divorce and custody battle. The Plaintiff claimed her counsel failed to obtain a final judgment on key issues, causing those issues to be re-litigated, changing interim orders previously favorable to her, to permanent orders not so favorable to her. The Plaintiff claimed significant damages in the six-figure range. The Defendant denied all claims and any damages suffered by the plaintiff. The matter was settled after extensive mediation for a confidential amount.

Breach Of Contract

• Mediated a case between a commercial tenant and their landlord. The Plaintiff tenant claimed that the landlord breached their contract and made misrepresentations about repairs to the roof. The Defendant landlord did not deny the terms of the lease agreement but denied liability. The case was settled at mediation for an undisclosed agreement and amount.

Real Property

• Mediated a case involving Plaintiff Homeowners who sought to refinance their home loan with their lender. The Defendant lender repeatedly lost information, delayed, and ultimately foreclosed and then sold the property.

Transaction

• Mediated a case whose claims arose when the buyer of a residence and horse property was to assume the seller’s loan and then refinance. However, the buyer could not refinance because the buildings located on the property were not permitted, and the property would not appraise to cover the loans.

Warranty of Habitability

• Mediated case involving Plaintiffs who noticed several defects upon moving into the Defendant’s property. These defects included a leaking roof, rat/mice infestation, lack of hot water, and mold which made the property uninhabitable. The Defendant collected rent payments from plaintiffs but failed to fix or repair damages caused by the defects.
• Mediated a case involving 21 tenant-plaintiffs living in the same apartment complex. The Plaintiffs claimed the complex was uninhabitable due to filth in common areas, cockroach/rodent infestation, leaks, and inadequate plumbing and waste management. Evidence and inspection suggested that the Defendant has failed to take a building-wide approach to eradicating the infestation. A settlement in the six-figure range was achieved.
• Mediated a case where Plaintiff tenants of an apartment complex claimed that they suffered from unlivable conditions for many years. These unlivable conditions included lice, bed bugs, mice/ cockroach infestations, defective plumbing, inadequate waste management, electrical problems, and security issues. Many tenants suffered physical issues. The Defendant owner argued that he had adequately repaired any purported deficiencies and acted like a reasonable landlord at all times.
• Mediated a case brought against a landlord Defendant alleging that he did not maintain the premises, which were overrun by rodents and cockroaches and in significant disrepair. Tenants also claimed that the landlord only provided leases in English despite renting to monolingual Spanish-speaking tenants. The Defendant stated he was not responsible for those conditions.

Aviation

• Mediated various aviation matters including; a private jet crash, fuel exhaustion issues in a high-performance aviation aircraft, ground operations of commercial air carriers, and more.

Business Torts

• Mediated a case where the Defendant, a background check company, acknowledged its failure to verify accurate information about the plaintiff, who claimed to have missed out on an employment opportunity due to this misinformation. While the Defendant did not dispute liability, it argued that the Plaintiff suffered no damages as she alleged.

Catastrophic Injury

• Mediated a case involving a 5-year-old who was playing on a fountain outside of a commercial building when it collapsed on her foot and ankle, nearly severing her foot. The Defendant, a commercial building owner, disputed the child’s injuries and damages caused by the fountain and liability.

General Negligence

• Mediated a case centered around an incident in which an 8-year-old child was brutally attacked by a neighbor’s Pitbull dog. The Plaintiff received staples in his arm and elbow. The Defendant accepted liability for the incident. The case was settled for an undisclosed six figures.
• Mediated a case wherein a homeowner’s adult child brought her dogs to visit a friend. One of the defendant’s dogs attacked the homeowner’s friend when she tried to stop the dog from attacking her dog. The Plaintiff was severely bitten on the left hand and underwent medical care for a month.
• Mediated a case stemming from an incident where a leashed pit bull ran over to an unleashed terrier in a neighbor’s yard leading to an altercation. The owners of the dogs tried to break up the fight and were injured in the process. The Plaintiff sustained significant medical damages and loss of earnings. The Defendant contended that the Plaintiff was injured by his own dog.

Personal Injury

• Mediated a case brought forth by a customer who slipped and fell while shopping at a department store. The Plaintiff claimed injuries to her arm, back, and head. She sought immediate medical attention, including an MRI and CT scan. The Defendant department store disputed liability, claiming no evidence of any actual notice of an alleged wet substance on the floor. Gary was able to negotiate the legal dynamics to help the parties to a full resolution.
• Mediated a case involving an employee who slipped and fell due to water build-up under a mat. The employer knew of the water build-up but failed to place a warning cone.

Premises Liability

• Mediated a case where the Plaintiff injured their left knee while walking through a parking lot at a County Fair. The Plaintiff's knee was struck by a metal wire strung between two parking bollards resulting in severe injuries, including a broken leg. The Defendant, a parking lot manager, admitted that it was an intentional decision not to put a parking bollard in the middle of the aisle where the incident occurred despite each other lane containing one.
• Mediated a case where a rack in the defendant's department store dislodged and fell directly on the Plaintiff's left foot, causing significant injury and scarring. The Plaintiff contented, and closer examination of the racks revealed they were in a state of despair and were loosely held together. The Defendant denied liability.
• Mediated a case stemming from an incident where fireworks misfired into a crowd of spectators, hitting the Plaintiff and causing severe and permanent injuries. These injuries included permanent loss of hearing in the left ear, head trauma, headaches, vertigo, left shoulder contusion, and a torn rotator cuff.
• Mediated a case involving a woman who became stuck on a drain cover in the hotel pool/spa because the drain cover was not approved or the correct type of cover for the spa. The Plaintiff discovered a large dark red circular contusion/ abrasion on her back in the shape of the drain. The Defendants had received actual notice of the incorrect cover from two other sources but failed to fix the problem.
• Mediated a case involving a plaintiff who fell while walking down the stairs of her apartment complex. The Plaintiff claimed the fall was due to water leakage resulting in a slippery surface and small steps. The Plaintiff injured her knee, which caused emotional and physical pain, and underwent treatment for several months. The Defendant landlord denied liability and disputed the nature and extent of the claimed injuries.

Product Liability

• Mediated a case where the Plaintiff, a vehicle manufacturer, claimed that the engines failed due to a defective part developed by the defendant. The Plaintiff sought recovery based on theories of strict product liability and implied warranty.
• Mediated a case in which the Plaintiff homeowner claimed a water heater in their home failed and caused a water loss and significant property damage. An investigation by an expert consultant found that the water heater connector had a design defect made by the Defendant.
• Mediated a design defect claim against a bicycle manufacturer whose bicycle fell apart while the Plaintiff was riding it, resulting in multiple fractures. The Plaintiff sued for negligence, strict product liability, and fraud. The Defendant denied liability.
• Mediated a case involving homeowners whose house caught on fire. The homeowners claimed the fire originated from the water dispenser that short-circuited due to water leaking inside it. Claims were made against the refrigerator and water dispenser manufacturer. The Defendant contended the evidence and concluded that the cause of the fire was indeterminate.

Wrongful Death

• Mediated a case where the Plaintiffs, survivors of the deceased, claimed that the tenant died due to mold growing in the home, causing a hazardous environment resulting in cancer and death of the tenant. The Defendant landlord argued that the homeowners refused repairs and routine maintenance checks. After many hours of mediation between the parties, a solution was reached.
• Mediated a wrongful death claim regarding a husband/father who, on his way to work died, of blunt force trauma at the scene as the result of a vehicle accident. The decedent driver rear-ended another vehicle when the front vehicle slowed and impeded traffic flow on the freeway after he missed his off-ramp. After long hours of mediation, a settlement was achieved.
• Mediated a case involving a 68-year-old woman who was killed after she borrowed a go-kart, drove it through a parking lot, over a curb, and into the fender of a passing car. The defendant owner of the go-kart argued that the woman was given accurate instructions to drive the go-kart. A settlement was achieved at an emotionally charged mediation.
• Mediated a wrongful death claim regarding a husband/father’s death in an automobile accident. The Defendant wife/mother was driving a rented car and lost control of the vehicle, which caused the vehicle to overturn. As a result, her husband died upon impact. The plaintiff, the son of the two parents in the accident, suggested the defendant was driving irresponsibly.
• Mediated a case wherein a 92-year-old man, using his walker to assist his walk up a ramp from a parking lot to the town center, fell due to soft unstable asphalt in front of the ramp where trench work was being done. He sustained a broken leg and 10 days later, died. His wife and son sued the owner and property manager for damages well over six figures. The Defendant claimed, with medical evidence indicated, that the Plaintiff died of preexisting conditions and old age.