ATLANTA – Quintairos, Prieto, Wood & Boyer, P.A. (QPWB) Atlanta Partner Foss Baker and Associate Jeff Goozee secured a major trial victory and an $804,471.04 combined verdict and fee award for QPWB’s client in Fulton County Superior Court. Representing an individual condominium owner against a condominium association in a complex property damage dispute stemming from generator contamination, the trial team successfully established liability on all counts, overcoming a prior $100,000 settlement offer from the defense.
Overview of the Case
The litigation arose from years of ongoing property damage and contamination affecting a residential condominium unit in Fulton County, Georgia. A condominium owner brought suit against her condominium association after soot and particulate emissions from the building’s emergency generator repeatedly infiltrated her home. Despite repeated notice, the association failed to investigate or remediate the ongoing hazard, prompting the property owner to seek full judicial relief and accountability.
Key Difference-Makers
Claims Made Against The Defense
The plaintiff asserted claims for continuing nuisance, negligence, and breach of the condominium declaration, alongside demands for punitive damages and statutory attorneys’ fees based on bad faith conduct throughout the dispute.
Litigation Strategy
Confronted with a complex evidentiary record involving environmental testing, engineering inspection logs, generator maintenance histories, and years of internal communications, The Atlanta team centered their trial strategy on a clear narrative of accountability. Counsel established that the association failed to maintain the building’s common elements, allowing continuous soot and particulate emissions from the emergency generator to infiltrate the owner’s unit despite years of notice. The case was heavily litigated over several years before reaching a jury, surviving two interlocutory appeals pursued by the opposing side.
As trial proceedings unfolded, the team dynamically adapted its posture to accommodate real-time evidentiary rulings on motions in limine, continuously refining how expert testimony, environmental sampling, and damages documentation were presented. By distilling highly technical environmental data into a compelling story of corporate inaction, counsel proved the association knew of the dangerous condition, had every opportunity to remediate it, and refused to act, keeping the jury focused on the association’s complete failure to protect its unit owner from property damage.
Impact on Final Outcome
The disciplined strategy dismantled the defense’s attempts to minimize the contamination. Following trial, the jury found the condominium association liable on all counts, concluding that the generator proximately caused extensive damage to the plaintiff’s property. The jury awarded $456,614.72 in compensatory damages for real estate damage, personal property loss, lost rent, association fees, and related expenses. In the trial’s second phase, the jury concluded the association acted in bad faith and awarded $110,000.00 in punitive damages along with $237,856.32 in attorneys’ fees and litigation expenses, securing a total award of $804,471.04 before interest.
Unique Aspects of the Case
The defining element of this litigation was maintaining strategic agility across years of complex proceedings and shifting trial parameters. Surviving two interlocutory appeals and adapting daily to courtroom evidentiary rulings, the trial team successfully translated intricate environmental testing and generator mechanics into an accessible story of notice, opportunity, and failure to act.
Predicting the Future
This victory confirms that when complex technical evidence is anchored in clear presentation, juries will hold property associations accountable for ignoring ongoing hazards. For real estate owners and policyholders, this outcome reinforces the value of taking strong property damage claims to trial and trusting a well-prepared trial team to deliver full accountability.
Key Actions in This Case
- Technical Record Simplification: Distilled years of environmental testing data, maintenance logs, and engineering reports into a straightforward narrative of association notice and inaction.
- Real-Time Trial Adaptability: Successfully adjusted evidentiary strategies following rulings on motions in limine, keeping key liability evidence front and center.
- Two-Phase Jury Verdict: Secured a $456,614.72 compensatory award followed by $110,000.00 in punitive damages and $237,856.32 in statutory legal fees.
About QPWB
Quintairos, Prieto, Wood & Boyer, P.A. is one of the fastest growing law firms in the United States providing a different focus on what it means to provide responsive service to clients and team members. With a national presence of 61 offices and a comprehensive scope of over 130 practice areas, QPWB delivers legal representation in litigation, regulatory, and corporate matters to a diverse range of industries. This scope and rapid expansion has attracted unique legal talent from all different backgrounds and experiences which has made them the largest minority-owned law firm in the country.
Case results reported by Quintairos, Prieto, Wood & Boyer, P.A.. Legal strategy led by Atlanta Partner Foss Baker and Associate William Jeff Goozee.