Spellings Lose Lawsuit Over Leaky Roof

The leaky roof on Aaron and Candy Spelling’s $48-million mansion was not their contractor’s fault, a Superior Court jury found Friday, clearing a Studio City construction firm of liability.

The Spellings had sought to recoup the cost of a replacement roof along with punitive damages. The nationally publicized trial cast a rare glimpse into the lavish tastes of the renowned producer responsible for “Melrose Place,” “Dynasty” and a host of other prime-time soap operas.

After deliberating a day, jurors found that the leaks in the 25,000-square-foot roof were caused by faulty design, said jury foreman Stephen M. D’Arc, a retired dentist from Glendale.

He added that although the Spellings’ wealth played no role in the jury’s deliberations, most of the panelists agreed that the couple cut corners to save money.

The roof’s design did not allow for water to drain adequately, D’Arc said, a flaw compounded by the Spelling’s decision to use sheet metal rather than copper.

“It could have been a gold roof and it would have leaked,” the jury foreman said.

The jury’s vote wasn’t unanimous, but at least nine jurors agreed, as required by law, on these points: Robert W. LaMar and his construction company were not liable, did not engage in fraud, did not breach the contract, and did not fail in the duty to ensure that the Spellings received a top-quality roof that would last a lifetime.

LaMar said he was relieved by the verdict. His attorney, Ted R. Gropman, said he was “ecstatic” to have prevailed over the powerful producer.

“It was clearly bad design, not bad workmanship,” Gropman said.

According to testimony during the two-week trial, the Spellings are putting a new roof on their house--at a cost of about $775,000.

They had sought to recoup that cost, as well as an award for punitive damages.

Aaron Spelling was not in court when the verdict was announced, and his wife left the courthouse without speaking to reporters. Later, Spelling’s office referred questions to the couple’s lawyer.

“The Spellings are disappointed, but they were pleased to know that the jury agreed they had gotten a bad roof,” said attorney Robert S. Chapman.

The lawyer had argued that the couple received a cut-rate roof that rusted out after just a few years.

The Spellings are considering their legal options, which include requesting a new trial, filing lawsuits against others involved in the five-year construction project, or simply dropping the case, Chapman said.

During the trial, Aaron Spelling testified that he was busy with television and film projects and was not involved in the day-to-day decisions as his house was being built. He delegated much of that responsibility to his wife.

Candy Spelling also testified, acknowledging that containing costs was a concern, but was not the driving force in her decisions during construction of the 56,000-square-foot mansion on the former Bing Crosby estate in Holmby Hills.

“The costs always were a concern,” she said. “No one has unlimited funds. My husband is not Bill Gates.”

The Spellings discovered after a 1995 rainstorm that their roof leaked, and filed suit early last year.

Gropman had told the jurors that the celebrity couple put up a “wall of denial” about their own roles in deciding what roof would be installed back in 1988.

Jury foreman D’Arc said the Spellings had both indulged in “a great deal of selective amnesia.”