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CONFIDENTIAL

Nov. 5, 2005

Torts
Strict Liability
Construction Defect

Confidential

Settlement –  $60,165

Court

San Diego Superior


Attorneys

Plaintiff

Jeffrey K. Jayson


Defendant

Jeffrey L. Ebright


Facts

A homeowner's fire sprinkler pipe failed, causing water damage to the home. The homeowner's insurance company, plaintiff Oregon Mutual Insurance Company paid $55,341 for the water damage. The plaintiff then sued Taylor Woodrow Homes, the developer and builder of the home, under various theories, including strict liability. The developer cross-complained against the manufacturer and distributor of the fire sprinkler pipe.

Result

The Court granted the plaintiffÆs motion for summary adjudication. The plaintiff and defendant then settled for $60,165. The defendantÆs cross-complaint for indemnity against the sprinkler pipeÆs manufacturer and distributor is pending.


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