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
Defendant
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
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