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Consumer Law
Product Liability
Breach of Warranty

Great Divide Insurance Company, Lexington Insurance Company as Subrogee, and PCB Productions Inc. v. MJC America Ltd., Frys Electronics and Soleus International Inc. dba Soleus Air

Published: Jul. 7, 2012 | Result Date: Mar. 12, 2012 | Filing Date: Jan. 1, 1900 |

Case number: LC090187 Verdict –  $6,222,970

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Jeffrey M. Cohon

Henry Nicholls


Defendant

Benjamin D. Kingston

Christopher E. Faenza
(Yoka & Smith LLP)


Experts

Plaintiff

Douglas Bennett
(technical)

David A. Fisher
(technical)

Karl Ehlert
(technical)

Defendant

Mack A. Quan
(technical)

David J. Weiner M.B.A., AM
(technical)

Edwin F. McPherson
(McPherson LLP) (technical)

Facts

In October 2008, a fire damaged the music studio of plaintiff PCB Productions Inc., causing harm to the company's equipment, music library, and original works. In addition, Plaintiff lost several contract opportunities due to the fire. Plaintiff claimed the fire was started by a cooling fan, and sued the retailer, distributor, and manufacturer.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that it operated the fan in a proper and acceptable manner, and thus alleged a defect in the fan itself caused the fire. Further, Plaintiff alleged that because the fan caused the fire, it failed to perform as an ordinary consumer would expect.

DEFENDANTS' CONTENTIONS:
Defendant claimed that because the fan contained no defect, Plaintiff must have operated the fan in a negligent manner. As such, Defendants claimed they were not liable.

Result

Verdict in the amount of $6,222,974.

Deliberation

two days.

Poll

9-3 (liability), 12-0 (damages)

Length

nine days


#111404

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