REMAX SEDONA/HARRY CHRISTIE
File “Non-Party at FAULT” motion in Lawsuit
Sedona, AZ – The lawsuit filed by Robert Wasserman and his partner Clarisse Heller on 12/04/2007 in the Coconino County has taken a new twist as both Defendants REMAX of Sedona and Harry Christie on June 12th 2008 have filed a
NON-PARTY AT FAULT motion. A.R.S.§ 12-2506(A) establishes several liability in Arizona . The statute holds that each defendant is liable only for the amount of damages allocated to the defendant in direct proportion to the defendant's percentage of fault. Section 12-2506 also provides that when assessing the percentages of each defendant's fault, the fact finder "shall consider the fault of all persons who have contributed to the alleged injury ... regardless of whether the person was, or could have been, named as a party to the suit." The percentages of fault assessed against such "non-parties are used only as a vehicle for accurately determining the fault of the named parties."
The persons named as the Non-party’s at fault in the Motion were prior owner Steven Hein of Sedona, The City of Sedona and Tiffany Construction.
When asked for comment Mr. Wasserman was elated.“This is an admission by the Defense that a “Fault” was committed. They are trying to blame everyone but themselves. We have only named REMAX and Christie because they were under our employee, we had a signed contract with them to fulfill their Fiduciary Duties to us and they didn’t, now they virtually admit it by filing this motion, I’m very very happy”
Mr. Wasserman says that he put his faith and trusts in his licensed broker to Disclose his knowledge, if any, of the Uptown construction project, which would have had to be disclosed in writing by State law. It is Mr. Wasserman's and Ms. Heller's contention that Remax Sedona and the dual broker withheld this information, and they are seeking damages in the area of 1.2 million in damages.
When asked about the damage request Mr. Wasserman goes on to say, "I literally left NYC working right next to the “Ground Zero” rebuilding at 101 Barclay Street and had to hear and see that everyday to the construction equivalent “Ground Zero” of the Uptown Construct Project ,the biggest project in Sedona history. I left NY because of that constant construction and the stress it gives off. We moved cross country to buy this business based on inaccurate information and have spent 2 years in a living hell, how do you put a price on that?. " A Motion of Summary Justice has been filed by the Plaintiffs which claim now that a full trial is unnecessary to determine fault, just for Damages. A jury trial has been set for Aug 13th to determine those damages.