Clarendon National Insurance Company v. Ford Motor Company
Published: Jun. 6, 2009 | Result Date: Apr. 14, 2009 | Filing Date: Jan. 1, 1900 |Case number: ECU04245 Verdict – Defense
Court
Imperial Superior
Attorneys
Plaintiff
Brian S. Letofsky
(Watkins & Letofsky LLP)
Defendant
Raymond H. Hua
(Yukevich Cavanaugh)
Steven D. Smelser
(Yukevich Cavanaugh)
Experts
Plaintiff
R. Vasu Vasudevan
(technical)
David E. Johnson
(technical)
Defendant
Mark S. Hoffman
(Mark S. Hoffman APC)
(technical)
Ralph Newell
(technical)
Facts
On Sept. 15, 2005, a fire started in the garage of a residence in El Centro. The fire caused smoke damage to the residence, burned the garage structure, and burned the contents of the garage, including a 2001 Ford Expedition. The stipulated damages totaled $188,085. Plaintiff Clarendon National Insurance Company paid its insured for the property damage. The plaintiff sought a subrogation action against Ford Motor Company, the manufacturer and distributor of the Ford Expedition.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff alleged that the defective speed control deactivation switch in the Expedition caused the fire. The plaintiff's experts testified that the fire started in the engine compartment of the Expedition and specifically, at the speed control deactivation switch.
DEFENDANT'S CONTENTIONS:
Contrary to plaintiff's allegations, Ford proved with x-ray evidence of the subject speed control deactivation switch, that the fire did not originate at the switch. Rather, fire damage patterns proved that the fire originated on the other side of the garage, away from where the Expedition was parked.
Result
Defense verdict.
Deliberation
one day
Length
two weeks
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