Ochoa

Facts

In February 1992, appellant toured a house for sale in Merced, California. During the tour, appellant noticed a strange odor which she mentioned to Jan Weiss, the real estate agent. Weiss told her that the smell was caused by the carpet. Appellant took several of her friends to view the house. Two friends also noticed the strong smell. One identified the smell in the basement as gas.

Before purchasing the house, appellant asked the sellers to have it inspected for a gas leak. She was told by Ms. Weiss that gas lines in the house had been checked by a local plumber. The house was also serviced by Pacific Gas and Electric Company (PG&E) employee Wayne Turner. Turner later declared that he performed a soap test on the fittings of the gas heater. He did not detect any “fuzz leaks” in the water heater fixtures and did not smell any gas in the basement.

In May of 1992, appellant moved into the house. The smell persisted over the next 11 months. It was noted by appellant and by visitors to the home. Appellant claimed that within a few weeks of moving into the house her preexisting bronchitis, asthma and allergy conditions worsened. She developed lethargy and flu-like…