This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Torts
Product Liability
Breach of Warranty

Muriel Rakotomahanina, an individual, Muriel Rakotomahanina, a representative of the estate of Julien Rabesson v. Prime West Leasing Corp. et al.

Published: Aug. 19, 2003 | Result Date: Jul. 18, 2003 | Filing Date: Jan. 1, 1900 |

Case number: 01CC07795 Verdict –  $0

Judge

David C. Velasquez

Court

Orange Superior


Attorneys

Plaintiff

Richard M. Falk


Defendant

Thomas G. Wianecki
(Wesierski & Zurek LLP)


Experts

Plaintiff

Richard K. Hollowell
(technical)

Paul S. Guthorn
(technical)

Defendant

Lewis Castle
(technical)

Robert Eggleston
(technical)

Edmund R. Cababa
(technical)

Facts

The plaintiff, Muriel Rakotomahanina bought a 1966 Plymouth Voyager from Metro Car Co. on June 2, 2000. The plaintiff alleged that the vehicle later developed a gas smell and leak. On June 18, 2000, Julien Rabesson placed the vehicle on ramps and jack stands in the garage of the apartment where he lived with the plaintiff. A fire was ignited by an altered and modified halogen lamp. Julien Rabesson was burned over 90 percent of his body. He was interviewed at the scene by the responding Fullerton Fire Captain (Lewis Castle). Julien Rabesson survived until July 1, 2000 but never regained consciousness once placed in the ambulance.

Damages

The plaintiff claimed damages of $2,085 in respect of the cost of therapy and medications. The Estate of the decedent claimed $13,650 (the decedent was an illegal alien, deportable and was working using a forged social security number).

Deliberation

8.5 hours

Poll

Phase One: 9-3 (plaintiff). Phase Two: 9-3 (defense on negligence), 10-2 (defense on breach of warranty)

Length

nine days


#110297

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390