[californiadisasters] New appeal in Mastagni quake case

New appeal in Mastagni quake case

Owner of structure where two died in '03 asks state's top court to review $2 million judgment against her

By Nick Wilson

San Luis Obispo Tribune

Published: Tuesday, Aug. 10, 2010

Mary Mastagni has filed a petition asking the California Supreme Court to review a ruling involving building liability in the deaths of two women in Paso Robles in the 2003 San Simeon Earthquake.

As part of that case, Mastagni — whose family owns the Acorn Building, which collapsed during the quake — faces a $2 million judgment against her.

One of Mastagni's lawyers, Robert Kaufman of the Agoura Hills-based firm Brown, Brown & Klass, said the petition requests that the Supreme Court review the case, which was last heard by the 2nd District Court of Appeal. A response from the Supreme Court is due by Oct. 1, Kaufman said.

The case has potentially far-reaching effects because under the current decision building owners could be held liable if they wait to retrofit their unreinforced buildings, regardless of whether they plan to meet a deadline for earthquake strengthening.

"We feel that the Court of Appeal not only is not in the best interest of our client, but of several cities throughout California," Kaufman said.

The families of 20-year-old Jennifer Myrick and 55-year-old Marilyn Frost-Zafuto, who both worked in a clothing shop in the Acorn Building in downtown Paso Robles, won a lawsuit in 2008 against Mastagni and trusts and businesses owned by her family.

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Read entire article here: http://www.sanluisobispo.com/2010/08/09/1245473/new-appeal-in-mastagni-quake-case.html

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