Lubner

In a factual scenario that seems to have been taken from a law school hypothetical, two artists lost much of their life work after a city trash truck parked at the top of a hill rolled down and crashed into their home, damaging the house, two cars and their artwork, which included paintings, drawings, prints and posters. We are asked to permit the artists, Martin and Lorraine Lubner, to recover damages based on either loss of reputation or emotional distress. Even though we sympathize with appellants, established law does not permit us to recognize the type of damages they seek.

Background

The Lubners sought compensation from their homeowners insurance carrier, State Farm. There was a dispute over the value of the art, and the matter went to arbitration. The Lubners recovered $309,000 from State Farm. Of that amount, approximately $260,000 was paid as property damages for the artwork.

The Lubners filed a negligence action against respondent City of Los Angeles for property damages that exceeded their insurance policy limits, and for emotional distress and loss of reputation. The Lubners attempted to introduce evidence of their experience and stature as painters. The…