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$2,273,270 Unanimous Jury Verdict for Los Angeles Plastic Surgeon in Mold / Habitability Case

  • Writer: Eric Strongin
    Eric Strongin
  • 6 hours ago
  • 2 min read

On February 6, 2026, a jury in the Superior Court of California, County of Los Angeles (Long Beach Courthouse) returned a unanimous verdict of $2,273,270 in favor of Dr. Steven Varkony, a Los Angeles plastic surgeon, in Steven Varkony v. Murrieta Paradise, Inc.; E.A. Harrison Properties, Inc. Dr. Varkony was represented by Eric B. Strongin and Kseniya Y. Stupak of Strongin, LLP

BACKGROUND


In May 2019, Dr. Varkony reported what he described as "black material" on a hallway wall of his rental unit to the landlord and property manager. The defendants' contractor opened the wall in early June 2019. The opening was then covered with painter's plastic, and the unit remained in that condition until a remediation company arrived approximately two weeks later.


Independent testing subsequently reported elevated indoor spore levels and identified water-damage-associated mold, including Chaetomium, with active growth inside the wall cavity. Dr. Varkony reported respiratory symptoms, fatigue, and cognitive difficulties he described as "foggy brain." He temporarily relocated to a hotel at his own expense and moved out of the unit on August 1, 2019.

Counsel arriving at the Governor George Deukmejian Courthouse in Long Beach to Hear Jury's Verdict
Counsel arriving at the Governor George Deukmejian Courthouse in Long Beach to Hear Jury's Verdict

PLAINTIFF'S CONTENTIONS


At trial, Dr. Varkony contended that the landlord and property manager had allowed long-standing leaks and water intrusion to persist and had opted for cosmetic repairs rather than addressing the underlying cause. He argued that those conditions fostered mold and microbial growth and rendered the unit unsafe.


Dr. Varkony further contended that when the wall was opened in June 2019, it was done without appropriate safety precautions, including inadequate containment and the failure to conduct asbestos testing before disturbing building materials. He argued that these decisions worsened the conditions and required him to incur out-of-pocket relocation costs to protect his health.


DEFENSE POSITION


The defense disputed the scope and impact of the alleged conditions. It argued that any exposure lasted only two days, that Dr. Varkony did not develop and had never had asthma, and that his reported symptoms stemmed from anger rather than an environmental cause. The defense further contended that the landlord and property managers acted reasonably by retaining an independent contractor to open the wall and investigate leaks, and that engaging a remediation company approximately two weeks after the complaint was consistent with industry standards.


PRE-TRIAL SETTLEMENT OFFER


The defense's final settlement offer before trial was $60,000. Dr. Varkony rejected the offer and proceeded to trial. The jury's unanimous verdict of $2,273,270 represented more than 37 times the defendants' final offer.


VERDICT


The jury returned a unanimous verdict in favor of Dr. Varkony and awarded $2,273,270.


Total Jury Verdict: $2,273,270

Economic Damages: $91,170

Non-Economic Damages: $2,182,100


CLAIMS


The case involved claims for Breach of the Implied Warranty of Habitability, Negligence, and Constructive Eviction in Los Angeles County, California.


ATTORNEYS FOR THE PLAINTIFF


Dr. Varkony was represented by Eric B. Strongin and Kseniya Y. Stupak of Strongin, LLP.

Attorney Kseniya Y. Stupak with trial materials after jury delivered its unanimous verdict in plaintiff's favor
Attorney Kseniya Y. Stupak with trial materials after jury delivered its unanimous verdict in plaintiff's favor

Disclaimer: This case result is provided for informational purposes only and does not guarantee a similar outcome in any future matter. Every case is different and depends on its specific facts, evidence, and applicable law.

 
 

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