Construction Defect Represented soils engineer against claims made by homeowner association alleging professional negligence against soils engineer and construction defect claims against contractor and subcontractors for cracking to walls as a result of alleged settlement of foundation. Settlement prior to trial.
Construction Defect Represented general contractor against claims alleging multiple construction defects in the excavation and construction of a single family home causing neighboring property and rock wall to collapse due to loss of lateral and subjacent support. Settlement prior to trial.
Construction Defect Represented framing subcontractor against claims alleging various construction defects in the construction of a single family home. Claims involved alleged improper materials used in framing and failure to follow plans and specifications. Settlement prior to trial.
Construction Defect Represented developer against claims of construction defects asserted by various homeowner's associations. Claimed defects included improper compaction and design of driveways. Settlement prior to trial.
Construction Defect Represented contractor against construction defect claims made by homewner alleging improper construction and structural design/construction of the home, including inability to withstand wind loads required by the building code. Settlement prior to trial.
Commercial Dispute Represented seller and owner/builder of luxury home in trial against claims by home purchasers of breach of contract, fraud, unfair and deceptive trade practice claims regarding allegedly faulty septic system and unusable lot. Defense jury verdict. Judgment obtained against homeowners for $460,000 for attorney's fees and Rule 68 costs.
Subrogation Represented insurer and supermarket in trial against contractor in subrogation action to recover monies paid to settle underlying slip and fall case where plaintiff suffered nerve injury and complex regional pain syndrome (CRPS). Obtained favorable jury verdict of $2 million.
Construction Defect Represented general contractor in claims alleging multiple construction defect claims in the construction of a high-rise condominium complex. Successfully arbitrated issues involving spalling of concrete, cement wash and patching of post-tension cable system.
Negligence Represented condominium association in a wrongful death action involving death of a five year old child who drowned when she accessed the condominium swimming pool. Settlement prior to trial.
Negligence Represented co-employee of an injured party who was paralyzed from a workplace incident. Plaintiff alleged that client's actions were wilful and wanton. Successsfully dismissed case against co-employee by motion for summary judgment.
Negligence Represented co-employee of deceased Plaintiff who was electrocuted while tree trimming. Settled prior to trial.
Negligence Represented tavern in a dram shop liability case involving assault of a third-party off-premises. Successfully dismissed action by way of motion for summary judgment.
Civil Litigation; Construction Defect Litigation; Insurance Defense; Personal Injury; Premises Liability; Product Liability
University of Iowa (B.A., 1991); University of Iowa School of Law (J.D., 1994)
Hawaii (1994), Nevada (1996)(inactive)
Milberger v. KBHL, LLC, 486 F.Supp.2d 1156 (D.Haw. 2007)
Zanakis-Pico v. Cutter Dodge Inc., 98 Hawaii 309, 47 P.3d 1222 (2002)
State Farm Fire & Casualty Co. v. Pacific Rent-All, Inc., 90 Hawaii 315, 978 P.2d 753 (1999)
Bayudan v. Tradewind Insurance Co., Ltd., 87 Hawaii 379, 957 P.2d 1061 (App. 1998)
Aga v. Hundahl, 79 Hawaii 291, 901 P.2d 1270 (1995)