Confidential
Settlement – $490,000Court
L.A. Superior Central
Attorneys
Plaintiff
Maro Burunsuzyan
(Law Offices of Maro Burunsuzyan)
Defendant
Dommond E. Lonnie
(Dykema Gossett PLLC)
Experts
Plaintiff
Michael M.J. Matza
(technical)
Jeffrey Schaffer
(medical)
Michael S. Wallack
(medical)
Richard E. Grossman
(technical)
Lester M. Zackler M.D.
(medical)
Defendant
Douglas Bennett
(technical)
Harriet T. Conkley
(medical)
Richard D. Hornichter
(medical)
Lou Colomo
(technical)
Eric David
(technical)
John Hochman
(medical)
Jeffrey L. Rosenberg
(medical)
Robert S. Griswold CPM
(technical)
Facts
On May 17, 1999, at approximately 8:30 a.m., the plaintiff, a 45-year-old woman, was burned in the kitchen of
her apartment when her electric cook top burner exploded. This allegedly occurred after repeated complaints to
the manager about malfunctioning burners and electric shocks and the managerÆs attempts to fix it at least six
months prior to the incident. The defendant owner did not have a professional investigate the complaints.
The plaintiffÆs neighbor testified that "the manager knew about it," and that approximately two months prior to
the incident, she had translated the plaintiffÆs complaints to the manager on. The plaintiff testified that the
manager changed the control switch and she believed that he replaced the electric burner of the cook top.
The manager, however, denied being aware of any problems with the plaintiffÆs cook top and testified that he
had no experience or training in electrical-appliance repair.
The plaintiffÆs experts opined that the heating element of the electric cook top had been in a defective condition
for a considerable period of time before the incident. The plaintiffÆs experts testified that the explosion occurred
because a crack developed and the heating element eventually broke in two, allowing water, food, materials
and other contaminants to enter the interior of the heating element.
The plaintiff alleged that because of this, the insulation became compromised, causing the temperature of the
outermost segment of the heating element to increase significantly. The plaintiff contended that eventually the
resistance of the heating element, particularly the outermost spiral of the heating element, between where an
arc formed at the electrically weakest point within the heating element, caused the subject explosion.
The plaintiff maintained that a simple test with an inexpensive ohm meter, a tool normally used by appliance
technicians, would have detected the failed element and it would have been replaced instead of the control
switch. The plaintiff alleged that discovery showed that other tenants had similar complaints about overheating
cook tops, malfunctioning burners and electric shocks.
The plaintiff argued that the defendant apartment ownerÆs reckless disregard for the safety of his building and
the pattern of failing to ensure safe electric cook top appliances and repair led to the subject incident.
The manager testified that it was part of his duty to perform maintenance on the cook tops and ovens in the
building and that the defendant apartment owner knew of his lack of experience and training in electrical
appliance repair. The manager further testified in his deposition that "at least once or twice a month or maybe
every three months, the cook top burners of the building would burn out" and he would replace them without
using any manuals or instructions. The manager testified that in the event he could not fix "something," he did
not have a list of professionals that he could call other than a plumber.
The manager further testified in his deposition that in the five years that he was the manager of the building,
there had never been an electrical inspection of the building and no professional had ever worked on any
electrical appliances in the building other than the pool light, on one occasion.
The defendant apartment owner argued that he had no notice of the malfunctioning cook top prior to the
incident and had no prior similar complaints. The manager testified that prior to the explosion, the cook top
was in good repair and working order and he had no recollection of repairing the subject cook top at anytime
prior to the incident.
The defendant manufacturer argued that the cook top was not defective.
Settlement Discussions
At the mediation, Hon. Arleigh Maddox Woods of Judicate West awarded the plaintiff $450,000 against the defendant apartment owner and manager. Before the mediation, the defendant manufacturers of the cook top settled with the plaintiff for $40,000.
Injuries
The plaintiff sustained first and second-degree burns to over 21 percent of her upper extremities and was diagnosed with diabetes a few months after the incident. The plaintiffÆs burns healed without surgery and with only some residual discoloration. However, the plaintiff still suffers from diabetes, post-traumatic stress disorder and depression.
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