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The ghosts of Hurricane Andrew continue stalking Walt Disney World Co. as the pace of litigation against it gains momentum in a Miami-Dade court.
In a suit nearly as old as Andrew, ARI Insurance Cos. of New Jersey last month requested punitive damages against Disney and its former construction manager, Sanford B. Miot of Miami, accusing them of shoddy workmanship and poor materials at Country Walk development, amounting to reckless disregard of the public's safety.
ARI also claimed defendants repeatedly violated building codes and never designed structures to withstand wind at any velocity.
On Aug. 23, ARI lawyers asked Miami-Dade Circuit Judge Celeste Muir to approve adding a claim for punitive damages after Disney turned down a $5.5 million settlement offer during February's court-ordered mediation, said ARI lawyer Evelyn M. Merchant of Miami's Adorno & Yoss. Miot, however, said he was never involved in any settlement talks.
Muir has not ruled on ARI's punitive damages motion.
The case ARI filed in 1993 could finally be tried within the next 12 months, Merchant said. "This lawsuit has taken on a life of its own."
ARI alleges Disney's gross negligence and reckless indifference to building codes resulted in latent structural defects in 384 Country Walk village homes in 86 separate buildings. When Andrew hit, they were a house of cards ready to fold, court records show.
Now, say ARI's lawyers, it is payback time, and the price tag may escalate to more than $32 million with prejudgment interest and legal fees - excluding potential punitive damages.
"We see no merit to this case whatsoever. The motion filed on the...